0001|                           SENATE BILL 743
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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|                            L. SKIP VERNON
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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 CHILDREN; PROVIDING SENTENCING ALTERNATIVES FOR
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0012|     CERTAIN JUVENILE OFFENDERS; PROVIDING FOR THE DESIGNATION OF AN
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0013|     OFFENSE COMMITTED BY A JUVENILE AS AN EXTENDED JURISDICTION
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0014|     JUVENILE PROSECUTION AND FOR THE IMPOSITION OF AN ADULT
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0015|     SENTENCE; CREATING NEW CRIMINAL OFFENSES AND PENALTIES;
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0016|     ENACTING THE EXTENDED JURISDICTION JUVENILE PROSECUTION ACT,
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0017|     NEW SECTIONS OF THE CHILDREN'S CODE AND NEW SECTIONS OF THE
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0018|     CRIMINAL CODE.
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0019|     
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0020|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0021|          Section 1.  A new section of the Children's Code is
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0022|     enacted to read:
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0023|          "[<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1 through 17 of
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0024|     this act may be cited as the "Extended Jurisdiction Juvenile
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0025|     Prosecution Act"."
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0001|          Section 2.  A new section of the Children's Code is
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0002|     enacted to read:
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0003|          "[<u>NEW MATERIAL</u>]  PURPOSE.--The purpose of the Extended
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0004|     Jurisdiction Juvenile Prosecution Act is to provide a
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0005|     children's court judge with an additional sentencing mechanism
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0006|     that allows the option of prosecuting a child as an adult in
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0007|     district court or sentencing a child to both a juvenile
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0008|     sentence, which is immediately imposed, and also an adult
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0009|     sentence, which is imposed only if the child violates the
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0010|     juvenile sentence or commits a new crime."
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0011|          Section 3.  A new section of the Children's Code is
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0012|     enacted to read:
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0013|          "[<u>NEW MATERIAL</u>]  DEFINITIONS.--As used in the Extended
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0014|     Jurisdiction Juvenile Prosecution Act:
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0015|               A.  "court" means the children's court division of
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0016|     the district court; and
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0017|               B.  "handgun" means a loaded or unloaded pistol,
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0018|     revolver or firearm that is designed to or may readily be
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0019|     converted to expel a projectile by the action of an explosion
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0020|     and the barrel length of which, not including a revolving,
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0021|     detachable or magazine breech, does not exceed twelve inches."
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0022|          Section 4.  A new section of the Children's Code is
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0023|     enacted to read:
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0024|          "[<u>NEW MATERIAL</u>]  EXTENDED JURISDICTION JUVENILE 
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0025|     PROSECUTION--DESIGNATION.--A proceeding involving a child is an
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0001|     extended jurisdiction juvenile prosecution if:
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0002|               A.  the child was fourteen to seventeen years of age
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0003|     at the time that the child was alleged to have committed either
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0004|     a crime of violence, as provided in Section 15 of the Extended
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0005|     Jurisdiction Juvenile Prosecution Act, or first degree murder,
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0006|     as provided in Section 30-2-1 NMSA 1978, and a certification
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0007|     hearing was held where the court designated the proceeding as
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0008|     an extended jurisdiction juvenile prosecution;
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0009|               B.  the child was sixteen or seventeen years of age
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0010|     at the time of the alleged felony offense, a handgun was used
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0011|     in the commission of that offense and the prosecutor designated
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0012|     in the delinquency petition that the proceeding shall be an
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0013|     extended jurisdiction juvenile prosecution; or
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0014|               C.  the child was fourteen to seventeen years of age
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0015|     at the time of an alleged felony offense, the prosecutor
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0016|     requested that the court designate the proceeding as an
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0017|     extended jurisdiction juvenile prosecution, a certification
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0018|     hearing was held on the issue of designation, where the court
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0019|     designated the proceeding as an extended jurisdiction juvenile
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0020|     prosecution."
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0021|          Section 5.  A new section of the Children's Code is
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0022|     enacted to read:
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0023|          "[<u>NEW MATERIAL</u>]  DELINQUENCY PETITION--EXTENDED
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0024|     JURISDICTION JUVENILE.--When a prosecutor files a delinquency
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0025|     petition alleging that a child committed an offense pursuant to
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0001|     Subsection B of Section 4 of the Extended Jurisdiction Juvenile
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0002|     Prosecution Act, the prosecutor shall indicate in the petition
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0003|     whether or not the proceeding shall be designated as an
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0004|     extended jurisdiction juvenile prosecution.  When a prosecutor
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0005|     files a delinquency petition alleging that a child fourteen to
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0006|     seventeen years of age committed an offense pursuant to
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0007|     Subsection A or C of Section 4 of the Extended Jurisdiction
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0008|     Juvenile Prosecution Act, the prosecutor may request the court
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0009|     to designate the proceeding as an extended jurisdiction
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0010|     juvenile prosecution."
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0011|          Section 6.  A new section of the Children's Code is
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0012|     enacted to read:
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0013|          "[<u>NEW MATERIAL</u>]  HEARING ON PROSECUTOR'S REQUEST.--When
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0014|     a prosecutor requests the court to designate a proceeding as an
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0015|     extended jurisdiction juvenile prosecution, the court shall
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0016|     hold a hearing pursuant to Section 13 of the Extended
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0017|     Jurisdiction Juvenile Prosecution Act to consider the request. 
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0018|     The hearing shall be held within thirty days after the request
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0019|     is filed unless after the request is filed good cause is shown
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0020|     by the prosecution or the child as to why the hearing should
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0021|     not be held within that period, in which case the court may
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0022|     allow up to ninety days from the date of the filing of the
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0023|     request for the hearing.  If the prosecutor shows by clear and
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0024|     convincing evidence that designation of that proceeding as an
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0025|     extended jurisdiction juvenile prosecution serves public
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0001|     safety, the court shall grant the request for designation.  In
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0002|     determining whether public safety is served, the court shall
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0003|     consider the factors specified in Section 10 of the Extended
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0004|     Jurisdiction Juvenile Prosecution Act.  The court shall decide
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0005|     whether to designate the proceeding as an extended jurisdiction
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0006|     juvenile prosecution within fifteen days after that request,
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0007|     unless additional time is needed, in which case the court may
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0008|     extend the period up to an additional fifteen days."
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0009|          Section 7.  A new section of the Children's Code is
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0010|     enacted to read:
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0011|          "[<u>NEW MATERIAL</u>]  PROCEEDING.--A child who is the subject
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0012|     of an extended jurisdiction juvenile prosecution has the right
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0013|     to a trial by jury and to the effective assistance of counsel."
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0014|          Section 8.  A new section of the Children's Code is
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0015|     enacted to read:
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0016|          "[<u>NEW MATERIAL</u>]  DISPOSITION.--
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0017|               A.  If an extended jurisdiction juvenile prosecution
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0018|     results in a guilty plea or finding of guilt, the court shall:
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0019|                    (1)  impose one or more juvenile dispositions
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0020|     pursuant to Section 32A-2-19 NMSA 1978; and
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0021|                    (2)  impose the appropriate adult felony
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0022|     sentence pursuant to Section 31-18-15 NMSA 1978, which shall be
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0023|     suspended.
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0024|               B.  The child shall be informed by the court that he
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0025|     has been convicted of an adult felony sentence which was
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0001|     suspended on condition that the child successfully complete the
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0002|     juvenile sentence and does not commit another felony offense."
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0003|          Section 9.  A new section of the Children's Code is
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0004|     enacted to read:
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0005|          "[<u>NEW MATERIAL</u>]  IMPOSITION OF ADULT SENTENCE.--If a
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0006|     child convicted as an extended jurisdiction juvenile violates
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0007|     the conditions of the suspended adult sentence, or is alleged
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0008|     to have committed a new felony offense, the court may, without
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0009|     notice, revoke the suspended sentence and direct that the
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0010|     offender be taken into immediate custody.  The court shall
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0011|     notify the offender in writing of the reasons for revocation of
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0012|     the suspended adult sentence.  If the offender challenges the
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0013|     reasons, the court shall hold a summary hearing on the issue. 
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0014|     If the court finds that the offender has violated the
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0015|     conditions of the suspended sentence, the court shall sentence
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0016|     the offender as an adult and order adult sanctions authorized
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0017|     by the Criminal Sentencing Act, unless the court finds
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0018|     mitigating factors that justify continuing the suspended adult
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0019|     sentence."
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0020|          Section 10.  A new section of the Children's Code is
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0021|     enacted to read:
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0022|          "[<u>NEW MATERIAL</u>]  INAPPLICABILITY TO CERTAIN OFFENDERS.--
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0023|     The Extended Jurisdiction Juvenile Prosecution Act does not
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0024|     apply to an alleged serious youthful offender as defined in
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0025|     Subsection H of Section 32A-2-3 NMSA 1978 or to a youthful
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0001|     offender as defined in Paragraph (3) of Subsection I of Section
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0002|     32A-2-3 NMSA 1978."
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0003|          Section 11.  A new section of the Children's Code is
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0004|     enacted to read:
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0005|          "[<u>NEW MATERIAL</u>]  PUBLIC SAFETY.--
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0006|               A.  In determining whether public safety is served
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0007|     by certifying a child to district court, the court shall
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0008|     consider the following factors:
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0009|                    (1)  the seriousness of the alleged offense,
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0010|     including the existence of any aggravating factors recognized
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0011|     by applicable sentencing guidelines, the use of a handgun and
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0012|     the impact on any victim;
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0013|                    (2)  the culpability of the child in committing
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0014|     the alleged offense, including the level of the child's
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0015|     participation in planning and carrying out the offense and the
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0016|     existence of any mitigating factors recognized by the
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0017|     sentencing guidelines;
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0018|                    (3)  the child's prior record of delinquency;
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0019|                    (4)  the adequacy of the punishment or referral
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0020|     to juvenile community service programs; and
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0021|                    (5)  any other dispositional options available
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0022|     for the child.
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0023|               B.  In considering the factors in Subsection A of
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0024|     this section, the court shall give the greatest weight to the
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0025|     seriousness of the alleged offense and to the child's prior
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0001|     record of delinquency."
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0002|          Section 12.  A new section of the Children's Code is
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0003|     enacted to read:
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0004|          "[<u>NEW MATERIAL</u>]  JURISDICTION OF COURT OVER AN EXTENDED
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0005|     JURISDICTION JUVENILE.--
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0006|               A.  The jurisdiction of the court over a child
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0007|     sentenced as an extended jurisdiction juvenile extends until
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0008|     that offender becomes twenty-one years of age, unless the court
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0009|     terminates jurisdiction before that date.
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0010|               B.  The court may designate a proceeding as an
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0011|     extended jurisdiction juvenile prosecution, may conduct a
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0012|     trial, receive a plea or impose a disposition pursuant to
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0013|     Subsections A and C of Section 4 of the Extended Jurisdiction
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0014|     Juvenile Prosecution Act, if:
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0015|                    (1)  a child is alleged to have committed an
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0016|     offense before that child's eighteenth birthday; and
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0017|                    (2)  the prosecutor files a petition in a
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0018|     timely manner.
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0019|               C.  The court has jurisdiction over a child who has
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0020|     been adjudicated delinquent until the child's twenty-first
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0021|     birthday if the child intentionally fails to appear at any
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0022|     court hearing or fails to appear at or flees from any placement
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0023|     under a court order.  The court has jurisdiction over a child
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0024|     sentenced as an extended jurisdiction juvenile who fails to
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0025|     appear at any court hearing or fails to appear at or flees from
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0001|     any placement under a court order."
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0002|          Section 13.  A new section of the Children's Code is
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0003|     enacted to read:
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0004|          "[<u>NEW MATERIAL</u>]  WRITTEN FINDINGS--OPTIONS.--
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0005|               A.  The court shall decide whether to order
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0006|     certification to district court within fifteen days after the
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0007|     certification hearing is completed, unless additional time is
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0008|     needed, in which case the court may extend the period up to
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0009|     another fifteen days.  If the court orders certification to
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0010|     district court, the order shall contain, in writing, findings
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0011|     of fact and conclusions of law as to why public safety is not
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0012|     served by retaining the proceeding in the court.  If the court
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0013|     decides after a hearing not to order certification to district
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0014|     court, the decision shall contain, in writing, findings of fact
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0015|     and conclusions of law as to why certification to district
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0016|     court is not ordered.
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0017|               B.  If the court judge decides not to order
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0018|     certification of a child to district court, the court shall
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0019|     designate the proceeding as an extended jurisdiction juvenile
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0020|     prosecution and include in its decision written findings of
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0021|     fact and conclusions of law as to why the retention of the
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0022|     proceeding in the children's court serves public safety."
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0023|          Section 14.  A new section of the Children's Code is
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0024|     enacted to read:
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0025|          "[<u>NEW MATERIAL</u>]  CERTIFICATION TO DISTRICT COURT FOR
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0001|     PROSECUTION AS AN ADULT.--
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0002|               A.  When a child who is at least fourteen years of
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0003|     age is alleged to have committed an offense pursuant to
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0004|     Subsection A or C of Section 4 of the Extended Jurisdiction
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0005|     Juvenile Prosecution Act, the court may certify the proceeding
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0006|     to the district court for disposition.
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0007|               B.  The court shall certify the proceeding to
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0008|     district court if:
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0009|                    (1)  the child was sixteen or seventeen years
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0010|     of age at the time of the offense; and
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0011|                    (2)  the delinquency petition alleges that the
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0012|     child used a handgun in the commission of a felony offense.
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0013|               C.  If the court finds that probable cause exists to
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0014|     believe the child committed the alleged offense, the burden is
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0015|     on the child to show by clear and convincing evidence that
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0016|     retaining the proceeding in the court serves public safety.  If
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0017|     the court finds that the child has not rebutted the presumption
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0018|     by clear and convincing evidence, the court shall certify the
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0019|     proceeding to district court."
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0020|          Section 15.  A new section of the Children's Code is
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0021|     enacted to read:
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0022|          "[<u>NEW MATERIAL</u>]  CRIME OF VIOLENCE DEFINED.--As used in
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0023|     the Extended Jurisdiction Juvenile Prosecution Act, "crime of
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0024|     violence" means:
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0025|               A.  shooting at a dwelling or an occupied building
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0001|     or shooting at or from a motor vehicle, as provided in Section 
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0002|     30-3-8 NMSA 1978;
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0003|               B.  unlawful carrying of a deadly weapon on school
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0004|     premises, as provided in Section 30-7-2.1 NMSA 1978;
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0005|               C.  unlawful possession of a handgun, as provided in
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0006|     Section 30-7-2.2 NMSA 1978;
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0007|               D.  negligent use of a deadly weapon, as provided in
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0008|     Section 30-7-4 NMSA 1978;
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0009|               E.  unlawful possession of a switchblade, as
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0010|     provided in Section 30-7-8 NMSA 1978;
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0011|               F.  unlawful carrying of a replica firearm or BB gun
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0012|     on school premises, as provided in Section 30-7-2.4 NMSA 1978;
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0013|     and
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0014|               G.  unlawful transfer of a handgun, as provided in
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0015|     Section 30-7-2.5 NMSA 1978."
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0016|          Section 16.  A new section of the Children's Code is
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0017|     enacted to read:
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0018|          "[<u>NEW MATERIAL</u>]  ADJUDICATION OR CONVICTION OF A CRIME
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0019|     OF VIOLENCE--PROHIBITION ON POSSESSION OF HANDGUNS.--A person
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0020|     who was adjudicated delinquent for, or convicted as an extended
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0021|     jurisdiction juvenile of, a crime of violence as provided in
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0022|     Section 15 of the Extended Jurisdiction Juvenile Prosecution
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0023|     Act is not entitled to ship, transport, possess or receive a
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0024|     handgun for a period of ten years from the time the person was
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0025|     discharged, provided that the person was not convicted of any
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0001|     other felony offense.  A person who has received a relief of
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0002|     disability under United States Code, Title 18, Section 925, as
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0003|     amended, is not subject to the restrictions of this section."
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0004|          Section 17.  A new section of the Children's Code is
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0005|     enacted to read:
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0006|          "[<u>NEW MATERIAL</u>]  JUVENILE OFFENDERS--FAILURE TO 
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0007|     APPEAR.--
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0008|               A.  A person who intentionally fails to appear for a
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0009|     court disposition is guilty of a felony if:
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0010|                    (1)  the person was prosecuted in court for an
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0011|     offense that would have been a felony if committed by an adult;
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0012|                    (2)  the court made findings pursuant to an
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0013|     admission in court or after trial;
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0014|                    (3)  the person was released from custody on
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0015|     the condition that the person appear in the court for a
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0016|     disposition in connection with the offense; and
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0017|                    (4)  the person was notified that failure to
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0018|     appear is a criminal offense.
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0019|               B.  Whoever intentionally fails to appear for a
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0020|     children's court disposition is guilty of a fourth degree
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0021|     felony and shall be sentenced pursuant to Section 31-18-15 NMSA
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0022|     1978."
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0023|          Section 18.  A new section of the Criminal Code, Section
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0024|     30-7-2.4 NMSA 1978, is enacted to read:
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0025|          "30-7-2.4.  [<u>NEW MATERIAL</u>]  UNLAWFUL CARRYING OF A
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0001|     REPLICA HANDGUN OR BB GUN ON SCHOOL PREMISES.--
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0002|               A.  Unlawful carrying of a replica handgun or BB gun
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0003|     on school premises consists of knowingly carrying a replica
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0004|     handgun or BB gun on school premises.
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0005|               B.  As used in this section:
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0006|                    (1)  "BB gun" means a device that fires or
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0007|     ejects a shot measuring eighteen hundredths of an inch or less
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0008|     in diameter;
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0009|                    (2)  "replica handgun" means any object that
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0010|     closely resembles a rifle, pistol or any type of weapon
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0011|     manufactured to expel a projectile by the action of an
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0012|     explosion; and
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0013|                    (3)  "school premises" means:
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0014|                         (a)  the buildings and grounds, including
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0015|     playgrounds, playing fields and parking areas, and any school
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0016|     bus of any public elementary, secondary, junior high or high
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0017|     school in or on which school or school-related activities are
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0018|     being operated under the supervision of a local school board;
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0019|     or
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0020|                         (b)  any other public buildings or
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0021|     grounds, including playing fields and parking areas that are
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0022|     not school property, in or on which public school-related and
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0023|     sanctioned activities are being performed.
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0024|               C.  Whoever commits unlawful possession of a replica
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0025|     handgun or BB gun on school premises is guilty of a fourth
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0001|     degree felony and shall be sentenced pursuant to Section 
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0002|     31-18-15 NMSA 1978."
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0003|          Section 19.  A new section of the Criminal Code, Section
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0004|     30-7-2.5 NMSA 1978, is enacted to read:
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0005|          "30-7-2.5.  [<u>NEW MATERIAL</u>]  UNLAWFUL TRANSFER OF A 
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0006|     HANDGUN--PENALTY.--
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0007|               A.  Unlawful transfer of a handgun consists of:
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0008|                    (1)  the transfer of a handgun to a person who
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0009|     is less than nineteen years of age; or
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0010|                    (2)  the transfer of a handgun to a person less
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0011|     than nineteen years of age who has made a false statement in
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0012|     order to become a transferee, if the transferor knows or has
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0013|     reason to know the transferee has made the false statement.
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0014|               B.  Whoever commits unlawful transfer of a handgun
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0015|     to a person under the age of nineteen is guilty of a fourth
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0016|     degree felony and shall be sentenced pursuant to Section 31-18-
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0017|     15 NMSA 1978."
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0018|          Section 20.  EFFECTIVE DATE.--The effective date of the
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0019|     provisions of this act is July 1, 1997.
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0020|                              
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