0001|                        SENATE BILL 861
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0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003|     1996
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0004|                         INTRODUCED BY
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0005|                        TOM R. BENAVIDES
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0006|     
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0007|                                
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0008|     
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0009|     
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0010|     
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0011|                             AN ACT
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0012|     RELATING TO JUVENILE JUSTICE; LOWERING THE AGE FOR ADJUDICATION
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0013|     OF A CHILD AS A YOUTHFUL OFFENDER TO THIRTEEN YEARS OF AGE;
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0014|     AMENDING SECTIONS OF THE NMSA 1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|       Section 1.  Section 31-18-15.2 NMSA 1978 (being Laws 1993,
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0018|     Chapter 77, Section 1, as amended) is amended to read:
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0019|       "31-18-15.2.  DEFINITIONS.--As used in the Criminal
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0020|     Sentencing Act:
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0021|            A.  "serious youthful offender" means an individual
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0022|     sixteen or seventeen years of age who is charged with and
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0023|     indicted or bound over for trial for first degree murder; and 
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0024|            B.  "youthful offender" means a delinquent child
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0025|     subject to adult or juvenile sanctions who is:
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0001|                 (1) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0002|     age at the time of the offense and who is adjudicated for at
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0003|     least one of the following offenses:
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0004|                      (a)  second degree murder, as provided in
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0005|     Section 30-2-1 NMSA 1978;
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0006|                      (b)  assault with intent to commit a
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0007|     violent felony, as provided in Section 30-3-3 NMSA 1978;
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0008|                      (c)  kidnapping, as provided in Section
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0009|     30-4-1 NMSA 1978;
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0010|                      (d)  aggravated battery, as provided in
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0011|     Subsection C of Section 30-3-5 NMSA 1978;
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0012|                      (e)  aggravated battery upon a peace
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0013|     officer, as provided in Subsection C of Section 30-22-25 NMSA
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0014|     1978;
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0015|                      (f)  shooting at a dwelling or occupied
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0016|     building or shooting at or from a motor vehicle, which results
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0017|     in great bodily harm to another person, as provided in Section
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0018|     30-3-8 NMSA 1978; 
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0019|                      (g)  dangerous use of explosives, as
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0020|     provided in Section 30-7-5 NMSA 1978;
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0021|                      (h)  criminal sexual penetration, as
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0022|     provided in Section 30-9-11 NMSA 1978;
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0023|                      (i)  robbery, as provided in Section
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0024|     30-16-2 NMSA 1978;
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0025|                      (j)  aggravated burglary, as provided in
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0001|     Section 30-16-4 NMSA 1978; or
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0002|                      (k)  aggravated arson, as provided in
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0003|     Section 30-17-6 NMSA 1978;
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0004|                 (2) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0005|     age at the time of the offense and adjudicated for any felony
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0006|     offense and who has had three prior, separate felony
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0007|     adjudications within a two-year time period immediately
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0008|     preceding the instant offense.  The felony adjudications relied
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0009|     upon as prior adjudications shall not have arisen out of the
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0010|     same transaction or occurrence or series of events related in
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0011|     time and location.  Successful completion of consent decrees is
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0012|     not considered a prior adjudication for the purposes of this
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0013|     paragraph; or
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0014|                 (3) <u>thirteen to</u> fifteen years of age and
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0015|     adjudicated for first degree murder, as provided in Section
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0016|     30-2-1 NMSA 1978."
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0017|       Section 2.  Section 32A-2-3 NMSA 1978 (being Laws 1993,
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0018|     Chapter 77, Section 32, as amended by Laws 1995, Chapter 204,
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0019|     Section 2 and by Laws 1995, Chapter 205, Section 2 and also by
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0020|     Laws 1995, Chapter 206, Section 10) is amended to read:
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0021|       "32A-2-3.  DEFINITIONS.--As used in the Delinquency Act:
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0022|            A.  "delinquent act" means an act committed by a
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0023|     child that would be designated as a crime under the law if
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0024|     committed by an adult, including <s>[but not limited to]</s> the
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0025|     following offenses: 
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0001|                 (1)  pursuant to municipal traffic codes or the
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0002|     Motor Vehicle Code: 
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0003|                      (a)  any driving while under the influence
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0004|     of intoxicating liquor or drugs; 
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0005|                      (b)  any failure to stop in the event of
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0006|     an accident causing death, personal injury or damage to
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0007|     property;
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0008|                      (c)  any unlawful taking of a vehicle or
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0009|     motor vehicle; 
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0010|                      (d)  any receiving or transferring of a
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0011|     stolen vehicle or motor vehicle; 
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0012|                      (e)  any homicide by vehicle; 
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0013|                      (f)  any injuring or tampering with a
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0014|     vehicle; 
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0015|                      (g)  any altering or changing of an engine
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0016|     number or other vehicle identification numbers; 
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0017|                      (h)  any altering or forging of a driver's
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0018|     license or permit or any making of a fictitious license or
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0019|     permit;  
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0020|                      (i)  reckless driving;
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0021|                      (j)  driving with a suspended or revoked
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0022|     license; or
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0023|                      (k)  any offense punishable as a felony;
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0024|                 (2)  buying, attempting to buy, receiving,
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0025|     possessing or being served any alcoholic liquor or being present
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0001|     in a licensed liquor establishment, other than a restaurant or a
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0002|     licensed retail liquor establishment, except in the presence of
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0003|     the child's parent, guardian, custodian or adult spouse.  As
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0004|     used in this paragraph, "restaurant" means any establishment
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0005|     where meals are prepared and served primarily for on-premises
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0006|     consumption and that has a dining room, a kitchen and the
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0007|     employees necessary for preparing, cooking and serving meals. 
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0008|     "Restaurant" does not include establishments, as defined in
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0009|     regulations promulgated by the director of the special
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0010|     investigations division of the department of public safety, that
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0011|     serve only hamburgers, sandwiches, salads and other fast foods;
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0012|                 (3)  any felony violation of the provisions of
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0013|     Sections 17-1-1 through 17-5-9 NMSA 1978 or any regulations
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0014|     adopted by the state game commission that relate to the time,
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0015|     extent, means or manner that game animals, birds or fish may be
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0016|     hunted, taken, captured, killed, possessed, sold, purchased or
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0017|     shipped and for which a fine may be imposed or a civil damage
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0018|     awarded;
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0019|                 (4)  any violation of Section 30-29-2 NMSA 1978,
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0020|     regarding the illegal use of a glue, aerosol spray product or
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0021|     other chemical substance; 
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0022|                 (5)  any violation of the Controlled Substances
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0023|     Act; <s>[or]</s> 
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0024|                 (6)  escape from the custody of a law
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0025|     enforcement officer or a juvenile probation or parole officer or
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0001|     from any placement made by the department by a child who has
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0002|     been adjudicated a delinquent child; <u>or
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<u></u>0003| <u>                (7)  any violation of Section 30-15-1.1 NMSA
</u>    |
<u></u>0004| <u>    1978 regarding unauthorized graffiti on personal or real
</u>    |
<u></u>0005| <u>    property</u>;
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0006|            B.  "delinquent child" means a child who has
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0007|     committed a delinquent act;
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0008|            C.  "delinquent offender" means a delinquent child
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0009|     who is subject to juvenile sanctions only and who is not a
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0010|     youthful offender or a serious youthful offender;
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0011|            D.  "detention facility" means a place where a child
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0012|     may be detained under the Children's Code pending court hearing
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0013|     and does not include a facility for the care and rehabilitation
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0014|     of an adjudicated delinquent child; 
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0015|            E.  "felony" means an act that would be a felony if
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0016|     committed by an adult;
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0017|            F.  "misdemeanor" means an act that would be a
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0018|     misdemeanor or petty misdemeanor if committed by an adult;
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0019|            G.  "restitution" means financial reimbursement by
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0020|     the child to the victim or community service imposed by the
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0021|     court and is limited to easily ascertainable damages for injury
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0022|     to or loss of property, actual expenses incurred for medical,
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0023|     psychiatric and psychological treatment for injury to a person
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0024|     and lost wages resulting from physical injury, which are a
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0025|     direct and proximate result of a delinquent act.  "Restitution"
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0001|     does not include reimbursement for damages for mental anguish,
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0002|     pain and suffering or other intangible losses.  As used in this
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0003|     subsection, "victim" means any person who is injured or suffers
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0004|     damage of any kind by an act that is the subject of a complaint
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0005|     or referral to law enforcement officers or juvenile probation
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0006|     authorities.  Nothing contained in this definition limits or
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0007|     replaces the provisions of Subsections A and B of Section
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0008|     32A-2-27 NMSA 1978;
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0009|            H.  "serious youthful offender" means an individual
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0010|     sixteen or seventeen years of age who is charged with and
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0011|     indicted or bound over for trial for first degree murder.  A
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0012|     "serious youthful offender" is not a delinquent child as defined
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0013|     pursuant to the provisions of this section; and  
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0014|            I.  "youthful offender" means a delinquent child
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0015|     subject to adult or juvenile sanctions who is:
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0016|                 (1) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0017|     age at the time of the offense and who is adjudicated for at
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0018|     least one of the following offenses:
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0019|                      (a)  second degree murder, as provided in
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0020|     Section 30-2-1 NMSA 1978;
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0021|                      (b)  assault with intent to commit a
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0022|     violent felony, as provided in Section 30-3-3 NMSA 1978;
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0023|                      (c)  kidnapping, as provided in Section
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0024|     30-4-1 NMSA 1978;
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0025|                      (d)  aggravated battery, as provided in
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0001|     <u>Subsection C of</u> Section 30-3-5 NMSA 1978;
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0002|                      <u>(e)  aggravated battery upon a peace
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<u></u>0003| <u>    officer, as provided in Subsection C of Section 30-22-25 NMSA
</u>    |
<u></u>0004| <u>    1978</u>;
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0005|                      <s>[(e)]</s> <u>(f)</u>  shooting at a dwelling or
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0006|     occupied building or shooting at or from a motor vehicle, which
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0007|     results in great bodily harm to another person, as provided in
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0008|     Section 30-3-8 NMSA 1978;
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0009|                      <s>[(f)]</s> <u>(g)</u>  dangerous use of
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0010|     explosives, as provided in Section 30-7-5 NMSA 1978;
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0011|                      <s>[(g)]</s> <u>(h)</u>  criminal sexual
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0012|     penetration, as provided in Section 30-9-11 NMSA 1978;
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0013|                      <s>[(h)]</s> <u>(i)</u>  robbery, as provided in
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0014|     Section 30-16-2 NMSA 1978;
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0015|                      <s>[(i)]</s> <u>(j)</u>  aggravated burglary, as
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0016|     provided in Section 30-16-4 NMSA 1978; or
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0017|                      <s>[(j)]</s> <u>(k)</u>  aggravated arson, as
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0018|     provided in Section 30-17-6 NMSA 1978;
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0019|                 (2) <s>[fifteen]</s> <u>thirteen</u> to eighteen years of
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0020|     age at the time of the offense and adjudicated for any felony
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0021|     offense and who has had three prior, separate felony
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0022|     adjudications within a three-year time period immediately
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0023|     preceding the instant offense.  The felony adjudications relied
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0024|     upon as prior adjudications shall not have arisen out of the
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0025|     same transaction or occurrence or series of events related in
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0001|     time and location.  Successful completion of consent decrees are
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0002|     not considered a prior adjudication for the purposes of this
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0003|     paragraph; or
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0004|                 (3) <u>thirteen to</u> fifteen years of age and
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0005|     adjudicated for first degree murder, as provided in Section 
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0006|     30-2-1 NMSA 1978."
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0007|                                    
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0008|   
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0009|                    FORTY-SECOND LEGISLATURE
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0010|                      SECOND SESSION, 1996
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0011|   
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0012|   
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0013|                                              FEBRUARY 1, 1996
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0014|   
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0015|   Mr. President:
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0016|   
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0017|     Your COMMITTEES' COMMITTEE, to whom has been referred
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0018|   
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0019|                           SENATE BILL 861
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0020|   
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0021|   has had it under consideration and finds same to be GERMANE, PURSUANT
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0022|   TO HOUSE EXECUTIVE MESSAGE SIXTEEN, and thence referred to the
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0023|   JUDICIARY COMMITTEE.
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0024|   
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0025|                              Respectfully submitted,
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0001|   
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0002|   
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0003|   
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0004|   
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0005|                              __________________________________
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0006|                              SENATOR MANNY M. ARAGON, Chairman 
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0007|   
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0008|   
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0009|   
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0010|   Adopted_______________________ Not Adopted_______________________
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0011|             (Chief Clerk)                        (Chief Clerk)
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0012|   
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0013|   
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0014|                     Date ________________________
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0015|   
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0016|   
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0017|   
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0018|   S0861CC1
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