0001| HOUSE BILL 1023
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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| JUDY VANDERSTAR RUSSELL
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0005|
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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; CHANGING THE DEFINITION OF
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0012| VIOLENT FELONY FOR THE PURPOSES OF THE CRIMINAL SENTENCING ACT.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 31-18-23 NMSA 1978 (being Laws 1994,
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0016| Chapter 24, Section 2, as amended) is amended to read:
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0017| "31-18-23. THREE VIOLENT FELONY CONVICTIONS--MANDATORY
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0018| LIFE IMPRISONMENT--EXCEPTION.--
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0019| A. When a defendant is convicted of a third violent
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0020| felony, and each violent felony conviction is part of a
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0021| separate transaction or occurrence, and at least the third
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0022| violent felony conviction is in New Mexico, the defendant
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0023| shall, in addition to the sentence imposed for the third
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0024| violent conviction when that sentence does not result in death,
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0025| be punished by a sentence of life imprisonment. The life
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0001| imprisonment sentence shall be subject to parole pursuant to
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0002| the provisions of Section 31-21-10 NMSA 1978.
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0003| B. The sentence of life imprisonment shall be
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0004| imposed after a sentencing hearing, separate from the trial or
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0005| guilty plea proceeding resulting in the third violent felony
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0006| conviction, pursuant to the provisions of Section 31-18-24 NMSA
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0007| 1978.
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0008| C. For the purpose of this section, a violent
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0009| felony conviction incurred by a defendant before he reaches the
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0010| age of eighteen shall not count as a violent felony conviction.
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0011| D. When a defendant has a felony conviction from
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0012| another state, the felony conviction shall be considered a
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0013| violent felony for the purposes of the Criminal Sentencing Act
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0014| if that crime would be considered a violent felony in New
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0015| Mexico.
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0016| E. As used in the Criminal Sentencing Act,
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0017| [(1) "great bodily harm" means an injury to
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0018| the person that creates a high probability of death or that
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0019| causes serious disfigurement or that results in permanent loss
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0020| or impairment of the function of any member or organ of the
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0021| body; and
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0022| (2)] "violent felony" means
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0023| [(a) murder in the first or second
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0024| degree, as provided in Section 30-2-1 NMSA 1978;
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0025| (b) shooting at or from a motor vehicle
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0001| resulting in great bodily harm, as provided in Subsection B of
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0002| Section 30-3-8 NMSA 1978;
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0003| (c) kidnapping resulting in great bodily
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0004| harm inflicted upon the victim by his captor, as provided in
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0005| Subsection B of Section 30-4-1 NMSA 1978; and
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0006| (d) criminal sexual penetration, as
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0007| provided in Subsection C or Paragraph (5) or (6) of Subsection
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0008| D of Section 30-9-11 NMSA 1978; and
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0009| (e) robbery while armed with a deadly
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0010| weapon resulting in great bodily harm as provided in Section
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0011| 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA
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0012| 1978] any felony involving the use or threatened use of force
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0013| or violence."
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0014| Section 2. EFFECTIVE DATE.--The effective date of the
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0015| provisions of this act is July 1, 1997.
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0016|
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