0001|                            HOUSE BILL 470
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                             DARA A. DANA
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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; AMENDING THE DEFINITION OF
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0012|     VIOLENT FELONY FOR THE PURPOSE OF SENTENCING A PERSON
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0013|     CONVICTED OF THREE VIOLENT FELONIES TO LIFE IMPRISONMENT.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 31-18-23 NMSA 1978 (being Laws 1994,
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0017|     Chapter 24, Section 2, as amended) is amended to read:
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0018|          "31-18-23.  THREE VIOLENT FELONY CONVICTIONS--MANDATORY
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0019|     LIFE IMPRISONMENT--EXCEPTION.--
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0020|               A.  When a defendant is convicted of a third
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0021|     violent felony, and each violent felony conviction is part of
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0022|     a separate transaction or occurrence, and at least the third
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0023|     violent felony conviction is in New Mexico, the defendant
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0024|     shall, in addition to the sentence imposed for the third
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0025|     violent conviction when that sentence does not result in
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<center>- 1 -</center>

0001|     death, be punished by a sentence of life imprisonment.  The
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0002|     life imprisonment sentence shall be subject to parole pursuant
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0003|     to the provisions of Section 31-21-10 NMSA 1978.
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0004|               B.  The sentence of life imprisonment shall be
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0005|     imposed after a sentencing hearing, separate from the trial or
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0006|     guilty plea proceeding resulting in the third violent felony
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0007|     conviction, pursuant to the provisions of Section 31-18-24
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0008|     NMSA 1978.
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0009|               C.  For the purpose of this section, a violent
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0010|     felony conviction incurred by a defendant before he reaches
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0011|     the age of eighteen shall not count as a violent felony
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0012|     conviction.
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0013|               D.  When a defendant has a felony conviction from
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0014|     another state, the felony conviction shall be considered a
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0015|     violent felony for the purposes of the Criminal Sentencing Act
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0016|     if that crime would be considered a violent felony in New
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0017|     Mexico.
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0018|               E.  As used in the Criminal Sentencing Act, 
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0019|                    <s>[(1)  "great bodily harm" means an injury to
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<s></s>0020| <s>    the person that creates a high probability of death or that
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<s></s>0021| <s>    causes serious disfigurement or that results in permanent loss
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<s></s>0022| <s>    or impairment of the function of any member or organ of the
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<s></s>0023| <s>    body; and
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<s></s>0024| <s>                   (2)]</s>  "violent felony" means
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0025|                         <s>[(a)  murder in the first or second
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<center>- 2 -</center>

<s></s>0001| <s>    degree, as provided in Section 30-2-1 NMSA 1978;
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<s></s>0002| <s>                        (b)  shooting at or from a motor vehicle
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<s></s>0003| <s>    resulting in great bodily harm, as provided in Subsection B of
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<s></s>0004| <s>    Section 30-3-8 NMSA 1978;
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<s></s>0005| <s>                        (c)  kidnapping resulting in great
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<s></s>0006| <s>    bodily harm inflicted upon the victim by his captor, as
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<s></s>0007| <s>    provided in Subsection B of Section 30-4-1 NMSA 1978; and
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<s></s>0008| <s>                        (d)  criminal sexual penetration, as
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<s></s>0009| <s>    provided in Subsection C or Paragraph (5) or (6) of Subsection
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<s></s>0010| <s>    D of Section 30-9-11 NMSA 1978; and
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<s></s>0011| <s>                        (e)  robbery while armed with a deadly
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<s></s>0012| <s>    weapon resulting in great bodily harm as provided in Section
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<s></s>0013| <s>    30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA
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<s></s>0014| <s>    1978]</s> <u>any first or second degree felony involving the use or
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<u></u>0015| <u>    threatened use of force or violence</u>."
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0016|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0017|     provisions of this act is July 1, 1998.
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0018|                              
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