0001| HOUSE BILL 311
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MIMI STEWART
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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| AN ACT
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0011| RELATING TO CRIMINAL SENTENCING; PROVIDING THAT CERTAIN
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0012| DEFENDANTS CONVICTED FOR TWO VIOLENT SEXUAL OFFENSES BE
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0013| SENTENCED TO LIFE IMPRISONMENT WITHOUT POSSIBILITY OF PAROLE;
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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 31-18-25 NMSA 1978 (being Laws 1996,
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0018| Chapter 79, Section 1) is amended to read:
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0019| "31-18-25. TWO VIOLENT SEXUAL OFFENSE CONVICTIONS--
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0020| MANDATORY LIFE IMPRISONMENT--EXCEPTION.--
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0021| A. When a defendant is convicted of a second
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0022| violent sexual offense, and each violent sexual offense
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0023| conviction is part of a separate transaction or occurrence, and
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0024| at least the second violent sexual offense conviction is in New
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0025| Mexico, the defendant shall, in addition to the punishment
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0001| imposed for the second violent sexual offense conviction, be
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0002| punished by a sentence of life imprisonment. The life
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0003| imprisonment sentence shall be subject to parole pursuant to
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0004| the provisions of Section 31-21-10 NMSA 1978.
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0005| B. Notwithstanding the provisions of Subsection A
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0006| of this section, when a defendant is convicted of a second
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0007| violent sexual offense, and each violent sexual offense
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0008| conviction is part of a separate transaction or occurrence, and
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0009| the victim of each violent sexual offense was less than
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0010| thirteen years of age at the time of the offense, and at least
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0011| the second violent sexual offense conviction is in New Mexico,
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0012| the defendant shall be punished by a sentence of life
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0013| imprisonment without the possibility of parole.
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0014| [B.] C. The sentence of life imprisonment shall
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0015| be imposed after a sentencing hearing, separate from the trial
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0016| or guilty plea proceeding resulting in the second violent
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0017| sexual offense conviction, pursuant to the provisions of
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0018| Section 31-18-26 NMSA 1978.
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0019| [C.] D. For the purposes of this section, a
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0020| violent sexual offense conviction incurred by a defendant
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0021| before he reaches the age of eighteen shall not count as a
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0022| violent sexual offense conviction.
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0023| [D.] E. When a defendant has a felony
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0024| conviction from another state, the felony conviction shall be
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0025| considered a violent sexual offense for the purposes of the
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0001| Criminal Sentencing Act if the crime would be considered a
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0002| violent sexual offense in New Mexico.
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0003| [E.] F. As used in the Criminal Sentencing Act,
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0004| "violent sexual offense" means: [criminal sexual penetration
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0005| in the first or second degree, as provided in Subsection C or D
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0006| of Section 30-9-11 NMSA 1978]
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0007| (1) criminal sexual penetration in the first
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0008| degree, as provided in Subsection C of Section 30-9-11 NMSA
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0009| 1978;
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0010| (2) criminal sexual penetration in the second
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0011| degree, as provided in Subsection D of Section 30-9-11 NMSA
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0012| 1978; or
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0013| (3) criminal sexual contact of a minor in the
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0014| third degree, as provided in Subsection A of Section 30-9-13
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0015| NMSA 1978."
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0016| Section 2. Section 31-21-10 NMSA 1978 (being Laws 1980,
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0017| Chapter 28, Section 1, as amended) is amended to read:
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0018| "31-21-10. PAROLE AUTHORITY AND PROCEDURE.--
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0019| A. An inmate of an institution who was sentenced to
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0020| life imprisonment as the result of the commission of a capital
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0021| felony, who was convicted of three violent felonies and
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0022| sentenced pursuant to Sections 31-18-23 and 31-18-24 NMSA 1978
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0023| or who was convicted of two violent sexual offenses and
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0024| sentenced pursuant to [Sections 31-18-25 and 31-18-26 NMSA
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0025| 1978] Subsection A of Section 31-18-25 NMSA 1978 and Section
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0001| 31-18-26 NMSA 1978 becomes eligible for a parole hearing after
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0002| he has served thirty years of his sentence. Before ordering
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0003| the parole of an inmate sentenced to life imprisonment, the
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0004| board shall:
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0005| (1) interview the inmate at the institution
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0006| where he is committed;
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0007| (2) consider all pertinent information
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0008| concerning the inmate, including:
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0009| (a) the circumstances of the offense;
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0010| (b) mitigating and aggravating
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0011| circumstances;
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0012| (c) whether a deadly weapon was used in
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0013| the commission of the offense;
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0014| (d) whether the inmate is a habitual
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0015| offender;
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0016| (e) the reports filed under Section
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0017| 31-21-9 NMSA 1978; and
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0018| (f) the reports of such physical and
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0019| mental examinations as have been made while in prison;
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0020| (3) make a finding that a parole is in the
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0021| best interest of society and the inmate; and
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0022| (4) make a finding that the inmate is able and
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0023| willing to fulfill the obligations of a law-abiding citizen.
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0024| If parole is denied, the inmate sentenced to life
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0025| imprisonment shall again become entitled to a parole hearing at
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0001| two-year intervals. The board may, on its own motion, reopen
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0002| any case in which a hearing has already been granted and parole
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0003| denied.
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0004| B. Unless the board finds that it is in the best
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0005| interest of society and the parolee to reduce the period of
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0006| parole, a person who was convicted of a capital felony shall be
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0007| required to undergo a minimum period of parole of five years.
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0008| During the period of parole, the person shall be under the
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0009| guidance and supervision of the board.
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0010| C. An inmate who was convicted of a first, second
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0011| or third degree felony and who has served the sentence of
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0012| imprisonment imposed by the court in a corrections facility
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0013| designated by the corrections department shall be required to
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0014| undergo a two-year period of parole. An inmate who was
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0015| convicted of a fourth degree felony and who has served the
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0016| sentence of imprisonment imposed by the court in a corrections
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0017| facility designated by the corrections department shall be
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0018| required to undergo a one-year period of parole. During the
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0019| period of parole, the person shall be under the guidance and
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0020| supervision of the board.
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0021| D. Every person while on parole shall remain in the
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0022| legal custody of the institution from which he was released,
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0023| but shall be subject to the orders of the board. The board
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0024| shall furnish to each inmate as a prerequisite to his release
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0025| under its supervision a written statement of the conditions of
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0001| parole that shall be accepted and agreed to by the inmate as
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0002| evidenced by his signature affixed to a duplicate copy to be
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0003| retained in the files of the board. The board shall also
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0004| require as a prerequisite to release the submission and
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0005| approval of a parole plan. If an inmate refuses to affix his
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0006| signature to the written statement of the conditions of his
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0007| parole or does not have an approved parole plan, he shall not
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0008| be released and shall remain in the custody of the corrections
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0009| facility in which he has served his sentence, excepting parole,
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0010| until such time as the period of parole he was required to
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0011| serve, less meritorious deductions, if any, expires, at which
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0012| time he shall be released from that facility without parole, or
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0013| until such time that he evidences his acceptance and agreement
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0014| to the conditions of parole as required or receives approval
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0015| for his parole plan or both. Time served from the date that an
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0016| inmate refuses to accept and agree to the conditions of parole
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0017| or fails to receive approval for his parole plan shall reduce
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0018| the period, if any, to be served under parole at a later date.
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0019| If the district court has ordered that the inmate make
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0020| restitution to a victim as provided in Section 31-17-1 NMSA
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0021| 1978, the board shall include restitution as a condition of
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0022| parole. The board shall also personally apprise the inmate of
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0023| the conditions of parole and his duties relating thereto.
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0024| E. When a person on parole has performed the
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0025| obligations of his release for the period of parole provided in
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0001| this section, the board shall make a final order of discharge
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0002| and issue him a certificate of discharge.
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0003| F. Pursuant to the provisions of Section 31-18-15
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0004| NMSA 1978, the board shall require the inmate as a condition of
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0005| parole:
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0006| (1) to pay the actual costs of his parole
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0007| services to the adult probation and parole division of the
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0008| corrections department for deposit to the corrections
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0009| department intensive supervision fund not exceeding one
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0010| thousand twenty dollars ($1,020) annually to be paid in monthly
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0011| installments of not less than fifteen dollars ($15.00) and not
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0012| more than eighty-five dollars ($85.00), subject to modification
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0013| by the adult probation and parole division on the basis of
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0014| changed financial circumstances; and
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0015| (2) to reimburse a law enforcement agency or
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0016| local crime stopper program for the amount of any reward paid
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0017| by the agency or program for information leading to his arrest,
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0018| prosecution or conviction.
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0019| G. The provisions of this section shall apply to
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0020| all inmates except geriatric, permanently incapacitated and
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0021| terminally ill inmates eligible for the medical and geriatric
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0022| parole program as provided by the Parole Board Act."
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0023| Section 3. EFFECTIVE DATE.--The effective date of the
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0024| provisions of this act is July 1, 1997.
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0025| State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| February 12, 1997
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your JUDICIARY COMMITTEE, to whom has been referred
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0013|
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0014| HOUSE BILL 311
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 3, line 9, after the semicolon, insert the
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0020| word "or".
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0021|
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0022| 2. On page 3, line 12, strike the semicolon and the word
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0023| "or" and insert in lieu thereof a period and closing quotation
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0024| marks.
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0025|
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0001| 3. On page 3, delete lines 13 through 15.,
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0002|
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0003| and thence referred to the APPROPRIATIONS AND FINANCE
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0004| COMMITTEE.
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0005|
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0006| Respectfully submitted,
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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|
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0012| Thomas P. Foy, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 10 For 0 Against
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0022| Yes: 10
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0023| Excused: King, Luna, Rios
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0024| Absent: None
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0025|
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0001|
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0002|
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0003| G:\BILLTEXT\BILLW_97\H0311 State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-THIRD LEGISLATURE
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0007| FIRST SESSION, 1997
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0008|
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0009|
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0010| February 27, 1997
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0016| whom has been referred
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0017|
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0018| HOUSE BILL 311, as amended
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003|
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0004| Max Coll, Chairman
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0005|
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0006|
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0007| Adopted Not Adopted
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0008|
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011| Date
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0012|
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0013| The roll call vote was 16 For 0 Against
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0014| Yes: 16
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0015| Excused: Watchman
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0016| Absent: None
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0017|
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0018|
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0019| G:\BILLTEXT\BILLW_97\H0311
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0020|
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0021| FORTY-THIRD LEGISLATURE
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0022| FIRST SESSION, 1997
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0023|
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0024|
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0025| March 16, 1997
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0001|
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0002| Mr. President:
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0003|
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0004| Your JUDICIARY COMMITTEE, to whom has been referred
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0005|
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0006| HOUSE BILL 311, as amended
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016| __________________________________
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0017| Fernando R. Macias, Chairman
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0018|
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0019|
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0020|
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0021| Adopted_______________________ Not
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0022| Adopted_______________________
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025|
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0001|
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0002| Date ________________________
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0003|
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0004|
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0005| The roll call vote was 5 For 0 Against
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0006| Yes: 5
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0007| No: 0
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0008| Excused: Payne, Sanchez, Tsosie
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0009| Absent: None
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0010|
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0011|
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0012| H0311JU1
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