SENATE BILL 97
56th legislature - STATE OF NEW MEXICO - second session, 2024
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO CRIME; PROVIDING THAT SHOOTING AT A MOTOR VEHICLE AND SHOOTING FROM A MOTOR VEHICLE ARE SEPARATE CRIMES; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-3-8 NMSA 1978 (being Laws 1987, Chapter 213, Section 1, as amended) is amended to read:
"30-3-8. SHOOTING AT DWELLING OR OCCUPIED BUILDING--SHOOTING AT OR FROM A MOTOR VEHICLE.--
A. Shooting at a dwelling or occupied building consists of willfully discharging a firearm at a dwelling or occupied building. Whoever commits shooting at a dwelling or occupied building that does not result in great bodily harm to another person is guilty of a fourth degree felony. Whoever commits shooting at a dwelling or occupied building that results in injury to another person is guilty of a third degree felony. Whoever commits shooting at a dwelling or occupied building that results in great bodily harm to another person is guilty of a second degree felony.
B. Shooting [at or] from a motor vehicle consists of willfully discharging a firearm [at or] from a motor vehicle with reckless disregard for the person of another. Whoever commits shooting [at or] from a motor vehicle that does not result in [great bodily harm] injury to another person is guilty of a [fourth] third degree felony. Whoever commits shooting [at or] from a motor vehicle that results in injury to another person is guilty of a [third] second degree felony. [Whoever commits shooting at or from a motor vehicle that results in great bodily harm to another person is guilty of a second degree felony.]
C. Shooting at a motor vehicle consists of willfully discharging a firearm at a motor vehicle with reckless disregard for the person of another. Whoever commits shooting at a motor vehicle is guilty of a second degree felony.
[C.] D. This section shall not apply to a law enforcement officer discharging a firearm in the lawful performance of [his] the officer's duties."
SECTION 2. Section 30-3-8.1 NMSA 1978 (being Laws 1993, Chapter 78, Section 2, as amended) is amended to read:
"30-3-8.1. SEIZURE AND FORFEITURE OF MOTOR VEHICLE--PROCEDURE.--
A. A motor vehicle shall be subject to seizure and forfeiture when the vehicle is used or intended for use in the commission of the offense of shooting at a motor vehicle or shooting from a motor vehicle pursuant to [Subsection B of] Section 30-3-8 NMSA 1978.
B. The provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of a motor vehicle subject to forfeiture pursuant to Subsection A of this section."
SECTION 3. Section 30-3-8.2 NMSA 1978 (being Laws 1993, Chapter 78, Section 3) is amended to read:
"30-3-8.2. COURT RECORD OF CONVICTION--REVOCATION OF DRIVER'S LICENSE.--Upon a conviction for the offense of shooting at a motor vehicle or shooting from a motor vehicle pursuant to [Subsection B of] Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or attempt to commit [that] either offense, the district court shall send a record of the conviction to the motor vehicle division of the taxation and revenue department. The division shall immediately revoke the driver's licenses or driving privileges of all persons convicted of the offense of shooting at a motor vehicle or shooting from a motor vehicle or convicted of conspiring or attempting to commit [that] either offense, pursuant to the provisions of Subsection E of Section 66-5-29 NMSA 1978."
SECTION 4. Section 31-18-23 NMSA 1978 (being Laws 1994, Chapter 24, Section 2, as amended) is amended to read:
"31-18-23. THREE VIOLENT FELONY CONVICTIONS--MANDATORY LIFE IMPRISONMENT--EXCEPTION.--
A. When a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico, the defendant shall, in addition to the sentence imposed for the third violent felony conviction, be punished by a sentence of life imprisonment. The life imprisonment sentence shall be subject to parole pursuant to the provisions of Section 31-21-10 NMSA 1978.
B. The sentence of life imprisonment shall be imposed after a sentencing hearing, separate from the trial or guilty plea proceeding resulting in the third violent felony conviction, pursuant to the provisions of Section 31-18-24 NMSA 1978.
C. For the purpose of this section, a violent felony conviction incurred by a defendant before the defendant reaches the age of eighteen shall not count as a violent felony conviction.
D. When a defendant has a felony conviction from another state, the felony conviction shall be considered a violent felony for the purposes of the Criminal Sentencing Act if that crime would be considered a violent felony in New Mexico.
E. As used in the Criminal Sentencing Act:
(1) "great bodily harm" means an injury to the person that creates a high probability of death or that causes serious disfigurement or that results in permanent loss or impairment of the function of any member or organ of the body; and
(2) "violent felony" means:
(a) murder in the first or second degree, as provided in Section 30-2-1 NMSA 1978;
(b) shooting at a motor vehicle or shooting from a motor vehicle [resulting in great bodily harm], as provided in [Subsection B of] Section 30-3-8 NMSA 1978;
(c) kidnapping resulting in [great bodily harm] physical injury or a sexual offense inflicted upon the victim by the victim's captor, as provided in Subsection B of Section 30-4-1 NMSA 1978;
(d) criminal sexual penetration, as provided in Subsection C or D or Paragraph (5) or (6) of Subsection E of Section 30-9-11 NMSA 1978; and
(e) robbery while armed with a deadly weapon resulting in great bodily harm as provided in Section 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA 1978."
SECTION 5. Section 66-5-29 NMSA 1978 (being Laws 1978, Chapter 35, Section 251, as amended) is amended to read:
"66-5-29. MANDATORY REVOCATION OF LICENSE BY DIVISION.--
A. The division shall immediately revoke the driving privilege or driver's license of a driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:
(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) any offense rendering a person a "first offender" as defined in the Motor Vehicle Code;
(3) any offense rendering a person a "subsequent offender" as defined in the Motor Vehicle Code;
(4) any felony in the commission of which a motor vehicle is used;
(5) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(6) perjury or the making of a false affidavit or statement under oath to the division under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; or
(7) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months.
B. Except as provided in the Ignition Interlock Licensing Act and in Subsection C, D, E or F of this section, a person whose driving privilege or driver's license has been revoked under this section shall not be entitled to apply for or receive a new license until one year from the date that the conviction is final and all rights to an appeal have been exhausted.
C. A person who upon adjudication as a delinquent for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section 66-8-102 NMSA 1978 is subject to revocation of the driving privilege or driver's license under this section for an offense pursuant to which the person was also subject to revocation of the driving privilege or driver's license pursuant to Section 66-8-111 NMSA 1978 shall have the person's driving privilege or driver's license revoked for that offense for a combined period of time equal to:
(1) one year for a first offender; or
(2) for a subsequent offender:
(a) two years for a second conviction;
(b) three years for a third conviction; or
(c) the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review, as provided in Sections 66-5-5 and 66-8-102 NMSA 1978.
D. The division shall apply the license revocation provisions of Subsection C of this section and the provisions of Subsection D of Section 66-5-5 NMSA 1978 to a person who was three or more times convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs and who has a driver's license revocation pursuant to the law in effect prior to June 17, 2005, upon the request of the person and if the person has had an ignition interlock license for three years or more and has proof from the ignition interlock vendor of no violations of the ignition interlock device in the previous six months.
E. Upon receipt of an order from a court pursuant to Section 32A-2-19 NMSA 1978 or Subsection G of Section 32A-2-22 NMSA 1978, the division shall revoke the driver's license or driving privileges for a period of time in accordance with these provisions.
F. Upon receipt from a district court of a record of conviction for the offense of shooting at a motor vehicle or shooting from a motor vehicle pursuant to [Subsection B of] Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit [that] either offense, the division shall revoke the driver's license or driving privileges of the convicted person. A person whose driver's license or driving privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new driver's license or driving privilege until one year from the date that the conviction is final and all rights to an appeal have been exhausted."
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