0001| SENATE BILL 126 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| DIANNA J. DURAN | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CRIMINAL LAW; INCREASING SENTENCING ENHANCEMENTS | 0012| FOR THE USE OF A FIREARM IN THE COMMISSION OF A NONCAPITAL | 0013| FELONY; AMENDING A SECTION OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 31-18-16 NMSA 1978 (being Laws 1977, | 0017| Chapter 216, Section 5, as amended) is amended to read: | 0018| "31-18-16. USE OF FIREARM--ALTERATION OF BASIC | 0019| SENTENCE--SUSPENSION AND DEFERRAL LIMITED.-- | 0020| A. When a separate finding of fact by the court or | 0021| jury shows that a firearm was ~[used]~ |possessed by an | 0022| offender| in the commission of a noncapital felony, the basic | 0023| sentence of imprisonment prescribed for the offense in Section | 0024| 31-18-15 NMSA 1978 shall be increased by ~[one year]~ |five | 0025| years|, and the sentence imposed by this subsection shall be | - 1 - 0001| the first ~[year]~ |years| served and shall not be suspended | 0002| or deferred; provided that when the offender is a serious | 0003| youthful offender or a youthful offender, the sentence imposed | 0004| by this subsection may be increased by ~[one year]~ |five | 0005| years|. | 0006| ~[B. For a second or subsequent noncapital felony | 0007| in which a firearm is used, the basic sentence of imprisonment | 0008| prescribed in Section 31-18-15 NMSA 1978 shall be increased by | 0009| three years, and the sentence imposed by this subsection shall | 0010| be the first three years served and shall not be suspended or | 0011| deferred; provided that when the offender is a serious | 0012| youthful offender or a youthful offender, the sentence imposed | 0013| by this subsection may be increased by three years.]~ | 0014| |B. When a separate finding of fact by the court | 0015| or jury shows that a firearm was discharged in the commission | 0016| of a noncapital felony, the basic sentence of imprisonment | 0017| prescribed for the offense in Section 31-18-15 NMSA 1978 shall | 0018| be increased by ten years, and the sentence imposed by this | 0019| subsection shall be the first years served and shall not be | 0020| suspended or deferred; provided that when the offender is a | 0021| serious youthful offender or a youthful offender, the sentence | 0022| imposed by this subsection may be increased by ten years. | 0023| C. When a separate finding of fact by the court or | 0024| jury shows that a firearm was used and resulted in injury to | 0025| another person in the commission of a noncapital felony, the | - 2 - 0001| basic sentence of imprisonment prescribed for the offense in | 0002| Section 31-18-15 NMSA 1978 shall be increased by twenty years, | 0003| and the sentence imposed by this subsection shall be the first | 0004| years served and shall not be suspended or deferred; provided | 0005| that when the offender is a serious youthful offender or a | 0006| youthful offender, the sentence imposed by this subsection may | 0007| be increased by twenty years.| | 0008| ~[C.]~ |D.| If the case is tried before a jury and | 0009| if a prima facie case has been established showing that a | 0010| firearm was ~[used]~ |possessed, discharged or used and | 0011| resulted in injury to another person| in the commission of the | 0012| offense, the court shall submit the issue to the jury by | 0013| special interrogatory. If the case is tried by the court and | 0014| if a prima facie case has been established showing that a | 0015| firearm was ~[used]~ |possessed, discharged or used and | 0016| resulted in injury to another person| in the commission of the | 0017| offense, the court shall decide the issue and shall make a | 0018| separate finding of fact thereon." | 0019| Section 2. EFFECTIVE DATE.--The effective date of the | 0020| provisions of this act is July 1, 1998. | 0021|  |