HOUSE BILL 454

44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

INTRODUCED BY

W. Ken Martinez

FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE

AN ACT

RELATING TO CRIMINAL SENTENCING; PROVIDING THAT A CAPITAL FELONY OFFENDER FOUND GUILTY BUT MENTALLY ILL SHALL BE SENTENCED TO LIFE IMPRISONMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 31-9-4 NMSA 1978 (being Laws 1982, Chapter 55, Section 2) is amended to read:

"31-9-4. SENTENCE UPON ACCEPTED PLEA OR VERDICT OF GUILTY BUT MENTALLY ILL.--

A. The court may impose any sentence upon a defendant found guilty but mentally ill which could be imposed pursuant to law upon a defendant who has been convicted of the same offense without a finding of mental illness, [~~provided that~~] except a sentence of death.

B. If a defendant convicted of first degree murder is found guilty but mentally ill, the court shall impose upon the defendant a sentence of life imprisonment.

C. If a defendant is sentenced to the custody of the corrections department, the department shall examine the nature, extent, continuance and treatment of the defendant's mental illness and shall provide psychiatric, psychological and other counseling and treatment for the defendant as it deems necessary."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.

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