0001| HOUSE BILL 470 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| R. DAVID PEDERSON | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CRIMINAL SENTENCING; PROVIDING INCREASES IN A BASIC | 0012| SENTENCE OF IMPRISONMENT WHEN A CRIME IS INTENTIONALLY | 0013| COMMITTED AGAINST CERTAIN PERSONS OR THEIR PROPERTY; ENACTING A | 0014| NEW SECTION OF THE CRIMINAL SENTENCING ACT. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new section of the Criminal Sentencing Act | 0018| is enacted to read: | 0019| "[NEW MATERIAL] NONCAPITAL FELONIES, MISDEMEANORS OR | 0020| PETTY MISDEMEANORS AGAINST A PERSON OR HIS PROPERTY BECAUSE OF | 0021| THE ACTUAL OR PERCEIVED RACE, RELIGION, COLOR, NATIONAL ORIGIN, | 0022| ANCESTRY, GENDER, SEXUAL ORIENTATION OR DISABILITY OF THE | 0023| PERSON--ALTERATION OF BASIC SENTENCE--SUSPENSION AND DEFERRAL | 0024| LIMITED.-- | 0025| A. When a separate finding of fact by the court or | 0001| jury shows that an offender committed a petty misdemeanor in | 0002| which a person was intentionally injured or his property was | 0003| intentionally damaged because of the actual or perceived race, | 0004| religion, color, national origin, ancestry, gender, sexual | 0005| orientation or disability of that person, whether or not the | 0006| offender's belief or perception was correct, the basic sentence | 0007| of imprisonment prescribed for the offense in Section 31-19-1 | 0008| NMSA 1978 may be increased by thirty days. The sentence | 0009| imposed pursuant to the provisions of this subsection shall be | 0010| the first thirty days served and may be suspended or deferred. | 0011| B. When an offender commits a second or subsequent | 0012| petty misdemeanor in which a person was intentionally injured | 0013| or his property was intentionally damaged because of the actual | 0014| or perceived race, religion, color, national origin, ancestry, | 0015| gender, sexual orientation or disability of that person, | 0016| whether or not the offender's belief or perception was correct, | 0017| the basic sentence of imprisonment prescribed for the offense | 0018| in Section 31-19-1 NMSA 1978 may be increased by sixty days. | 0019| The sentence imposed pursuant to the provisions of this | 0020| subsection shall be the first sixty days served and may be | 0021| suspended or deferred. | 0022| C. When a separate finding of fact by the court or | 0023| jury shows that an offender committed a misdemeanor in which a | 0024| person was intentionally injured or his property was | 0025| intentionally damaged because of the actual or perceived race, | 0001| religion, color, national origin, ancestry, gender, sexual | 0002| orientation or disability of that person, whether or not the | 0003| offender's belief or perception was correct, the basic sentence | 0004| of imprisonment prescribed for the offense in Section 31-19-1 | 0005| NMSA 1978 may be increased by ninety days. The sentence | 0006| imposed pursuant to the provisions of this subsection shall be | 0007| the first ninety days served and may be suspended or deferred. | 0008| D. When an offender commits a second or subsequent | 0009| misdemeanor in which a person was intentionally injured or his | 0010| property was intentionally damaged because of the actual or | 0011| perceived race, religion, color, national origin, ancestry, | 0012| gender, sexual orientation or disability of that person, | 0013| whether or not the offender's belief or perception was correct, | 0014| the basic sentence of imprisonment prescribed for the offense | 0015| in Section 31-19-1 NMSA 1978 may be increased by one hundred | 0016| eighty days. The sentence imposed pursuant to the provisions | 0017| of this subsection shall be the first one hundred eighty days | 0018| served and may be suspended or deferred. | 0019| E. When a separate finding of fact by the court or | 0020| jury shows that an offender committed a noncapital felony in | 0021| which a person was intentionally injured or his property was | 0022| intentionally damaged because of the actual or perceived race, | 0023| religion, color, national origin, ancestry, gender, sexual | 0024| orientation or disability of that person, whether or not the | 0025| offender's belief or perception was correct, the basic sentence | 0001| of imprisonment prescribed for the offense in Section 31-18-15 | 0002| NMSA 1978 may be increased by one year. The sentence imposed | 0003| pursuant to the provisions of this subsection shall be the | 0004| first year served and may be suspended or deferred. When the | 0005| offender is a serious youthful offender or a youthful offender, | 0006| the sentence imposed pursuant to the provisions of this | 0007| subsection may be increased by one year. | 0008| F. When an offender commits a second or subsequent | 0009| noncapital felony in which a person was intentionally injured | 0010| or his property was intentionally damaged because of the actual | 0011| or perceived race, religion, color, national origin, ancestry, | 0012| gender, sexual orientation or disability of that person, | 0013| whether or not the offender's belief or perception was correct, | 0014| the basic sentence of imprisonment prescribed for the offense | 0015| in Section 31-18-15 NMSA 1978 may be increased by three years. | 0016| The sentence imposed pursuant to the provisions of this | 0017| subsection shall be the first three years served and may be | 0018| suspended or deferred. When the offender is a serious youthful | 0019| offender or a youthful offender, the sentence imposed pursuant | 0020| to the provisions of this subsection may be increased by three | 0021| years. | 0022| G. If the case is tried before a jury and if a | 0023| prima facie case has been established showing that in the | 0024| commission of the offense a person was intentionally injured or | 0025| his property was intentionally damaged because of the actual or | 0001| perceived race, religion, color, national origin, ancestry, | 0002| gender, sexual orientation or disability of that person, | 0003| whether or not the offender's belief or perception was correct, | 0004| the court shall submit the issue to the jury by special | 0005| interrogatory. If the case is tried by the court and if a | 0006| prima facie case has been established showing that in the | 0007| commission of the offense a person was intentionally injured or | 0008| his property was intentionally damaged because of the actual or | 0009| perceived race, religion, color, national origin, ancestry, | 0010| gender, sexual orientation or disability of that person, | 0011| whether or not the offender's belief or perception was correct, | 0012| the court shall decide the issue and shall make a separate | 0013| finding of fact regarding the issue. | 0014| H. As used in this section, "disability" means a | 0015| physical, developmental or mental impairment that substantially | 0016| limits one or more of a person's functions, including caring | 0017| for oneself, performing manual tasks, walking, seeing, hearing, | 0018| speaking, breathing or learning." | 0019| Section 2. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is July 1, 1997. | 0021| - 5 - State of New Mexico | 0022| House of Representatives | 0023| | 0024| FORTY-THIRD LEGISLATURE | 0025| FIRST SESSION, 1997 | 0001| | 0002| | 0003| February 22, 1997 | 0004| | 0005| | 0006| Mr. Speaker: | 0007| | 0008| Your JUDICIARY COMMITTEE, to whom has been referred | 0009| | 0010| HOUSE BILL 470 | 0011| | 0012| has had it under consideration and reports same with | 0013| recommendation that it DO PASS, and thence referred to the | 0014| APPROPRIATIONS AND FINANCE COMMITTEE. | 0015| | 0016| Respectfully submitted, | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| Thomas P. Foy, Chairman | 0023| | 0024| | 0025| Adopted Not Adopted | 0001| | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| Date | 0005| | 0006| The roll call vote was 8 For 2 Against | 0007| Yes: 8 | 0008| No: Alwin, Vaughn | 0009| Excused: Larranaga, Mallory, Rios | 0010| Absent: None | 0011| | 0012| | 0013| G:\BILLTEXT\BILLW_97\H0470 State of New Mexico | 0014| House of Representatives | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| February 22, 1997 | 0021| | 0022| | 0023| Mr. Speaker: | 0024| | 0025| Your JUDICIARY COMMITTEE, to whom has been referred | 0001| | 0002| HOUSE BILL 470 | 0003| | 0004| has had it under consideration and reports same with | 0005| recommendation that it DO PASS, and thence referred to the | 0006| APPROPRIATIONS AND FINANCE COMMITTEE. | 0007| | 0008| Respectfully submitted, | 0009| | 0010| | 0011| | 0012| | 0013| | 0014| Thomas P. Foy, Chairman | 0015| | 0016| | 0017| Adopted Not Adopted | 0018| | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| Date | 0022| | 0023| The roll call vote was 8 For 2 Against | 0024| Yes: 8 | 0025| No: Alwin, Vaughn | 0001| Excused: Larranaga, Mallory, Rios | 0002| Absent: None | 0003| | 0004| | 0005| G:\BILLTEXT\BILLW_97\H0470 State of New Mexico | 0006| House of Representatives | 0007| | 0008| FORTY-THIRD LEGISLATURE | 0009| FIRST SESSION, 1997 | 0010| | 0011| | 0012| February 22, 1997 | 0013| | 0014| | 0015| Mr. Speaker: | 0016| | 0017| Your JUDICIARY COMMITTEE, to whom has been referred | 0018| | 0019| HOUSE BILL 470 | 0020| | 0021| has had it under consideration and reports same with | 0022| recommendation that it DO PASS, and thence referred to the | 0023| APPROPRIATIONS AND FINANCE COMMITTEE. | 0024| | 0025| Respectfully submitted, | 0001| | 0002| | 0003| | 0004| | 0005| | 0006| Thomas P. Foy, Chairman | 0007| | 0008| | 0009| Adopted Not Adopted | 0010| | 0011| (Chief Clerk) (Chief Clerk) | 0012| | 0013| Date | 0014| | 0015| The roll call vote was 8 For 2 Against | 0016| Yes: 8 | 0017| No: Alwin, Vaughn | 0018| Excused: Larranaga, Mallory, Rios | 0019| Absent: None | 0020| | 0021| | 0022| G:\BILLTEXT\BILLW_97\H0470 State of New Mexico | 0023| House of Representatives | 0024| | 0025| FORTY-THIRD LEGISLATURE | 0001| FIRST SESSION, 1997 | 0002| | 0003| | 0004| February 26, 1997 | 0005| | 0006| | 0007| Mr. Speaker: | 0008| | 0009| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0010| whom has been referred | 0011| | 0012| HOUSE BILL 470 | 0013| | 0014| has had it under consideration and reports same with | 0015| recommendation that it DO PASS. | 0016| | 0017| Respectfully submitted, | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| Max Coll, Chairman | 0024| | 0025| | 0001| Adopted Not Adopted | 0002| | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| Date | 0006| | 0007| The roll call vote was 13 For 3 Against | 0008| Yes: 13 | 0009| No: Bird, Marquardt, Pearce | 0010| Excused: Buffett | 0011| Absent: None | 0012| | 0013| | 0014| G:\BILLTEXT\BILLW_97\H0470 | 0015| | 0016| FORTY-THIRD LEGISLATURE | 0017| FIRST SESSION, 1997 | 0018| | 0019| | 0020| March 17, 1997 | 0021| | 0022| Mr. President: | 0023| | 0024| Your JUDICIARY COMMITTEE, to whom has been referred | 0025| | 0001| HOUSE BILL 470 | 0002| | 0003| has had it under consideration and reports same with | 0004| recommendation that it DO PASS, and thence referred to the | 0005| FINANCE COMMITTEE. | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| | 0012| __________________________________ | 0013| Fernando R. Macias, Chairman | 0014| | 0015| | 0016| | 0017| Adopted_______________________ Not | 0018| Adopted_______________________ | 0019| (Chief Clerk) (Chief Clerk) | 0020| | 0021| | 0022| | 0023| Date ________________________ | 0024| | 0025| | 0001| The roll call vote was 5 For 2 Against | 0002| Yes: 5 | 0003| No: Payne, Stockard | 0004| Excused: Vernon | 0005| Absent: None | 0006| | 0007| H0470JU1 | 0008| | 0009| | 0010| | 0011| FORTY-THIRD LEGISLATURE | 0012| FIRST SESSION, 1997 | 0013| | 0014| | 0015| March 19, 1997 | 0016| | 0017| Mr. President: | 0018| | 0019| Your FINANCE COMMITTEE, to whom has been referred | 0020| | 0021| HOUSE BILL 470 | 0022| | 0023| has had it under consideration and reports same with | 0024| recommendation that it DO PASS. | 0025| | 0001| Respectfully submitted, | 0002| | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Ben D. Altamirano, Chairman | 0008| | 0009| | 0010| | 0011| Adopted_______________________ Not | 0012| Adopted_______________________ | 0013| (Chief Clerk) (Chief Clerk) | 0014| | 0015| | 0016| | 0017| Date ________________________ | 0018| | 0019| | 0020| The roll call vote was 5 For 1 Against | 0021| Yes: 5 | 0022| No: Lyons | 0023| Excused: Aragon, Carraro, Ingle, McKibben, Smith | 0024| Absent: None | 0025| | 0001| | 0002| H0470FC1 |