New Mexico HB 200: SECOND DEGREE MURDER SENTENCING

Bill Text

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HOUSE BILL 200
56TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2024
INTRODUCED BY
Tara Jaramillo and Patricia A. Lundstrom and Harry Garcia
and Ambrose Castellano and Joseph L. Sanchez
AN ACT
RELATING TO CRIMES; INCREASING THE SENTENCE FOR SECOND DEGREE
MURDER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-18-15 NMSA 1978 (being Laws 1977,
Chapter 216, Section 4, as amended) is amended to read:
"31-18-15. SENTENCING AUTHORITY--NONCAPITAL FELONIES--
BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS
DEDUCTIONS.--
A. As used in a statute that establishes a
noncapital felony, the following defined felony classifications
and associated basic sentences of imprisonment are as follows:
FELONY CLASSIFICATION BASIC SENTENCE
first degree felony
resulting in the death
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of a child life imprisonment
first degree felony for
aggravated criminal sexual
penetration life imprisonment
first degree felony eighteen years
imprisonment
second degree felony
resulting in the death of
a human being [fifteen] twenty years
imprisonment
second degree felony for a
sexual offense against a
child fifteen years
imprisonment
second degree felony for
sexual exploitation of
children twelve years imprisonment
second degree felony nine years imprisonment
third degree felony resulting
in the death of a human being six years imprisonment
third degree felony for a
sexual offense against a
child six years imprisonment
third degree felony for sexual
exploitation of children eleven years imprisonment
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third degree felony three years imprisonment
fourth degree felony for
sexual exploitation of
children ten years imprisonment
fourth degree felony eighteen months imprisonment.
B. The appropriate basic sentence of imprisonment
shall be imposed upon a person convicted and sentenced pursuant
to Subsection A of this section, unless the court alters the
sentence pursuant to the provisions of the Criminal Sentencing
Act.
C. A period of parole shall be imposed only for
felony convictions wherein a person is sentenced to
imprisonment of more than one year, unless the parties to a
proceeding agree that a period of parole should be imposed. If
a period of parole is imposed, the court shall include in the
judgment and sentence of each person convicted and sentenced to
imprisonment in a corrections facility designated by the
corrections department authority for a period of parole to be
served in accordance with the provisions of Section 31-21-10
NMSA 1978 after the completion of any actual time of
imprisonment and authority to require, as a condition of
parole, the payment of the costs of parole services and
reimbursement to a law enforcement agency or local crime
stopper program in accordance with the provisions of that
section. If imposed, the period of parole shall be deemed to
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be part of the sentence of the convicted person in addition to
the basic sentence imposed pursuant to Subsection A of this
section together with alterations, if any, pursuant to the
provisions of the Criminal Sentencing Act.
D. When a court imposes a sentence of imprisonment
pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
31-18-17 NMSA 1978 and suspends or defers the basic sentence of
imprisonment provided pursuant to the provisions of Subsection
A of this section, the period of parole shall be served in
accordance with the provisions of Section 31-21-10 NMSA 1978
for the degree of felony for the basic sentence for which the
inmate was convicted. For the purpose of designating a period
of parole, a court shall not consider that the basic sentence
of imprisonment was suspended or deferred and that the inmate
served a period of imprisonment pursuant to the provisions of
the Criminal Sentencing Act.
E. The court may, in addition to the imposition of
a basic sentence of imprisonment, impose a fine not to exceed:
(1) for a first degree felony resulting in the
death of a child, seventeen thousand five hundred dollars
($17,500);
(2) for a first degree felony for aggravated
criminal sexual penetration, seventeen thousand five hundred
dollars ($17,500);
(3) for a first degree felony, fifteen
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thousand dollars ($15,000);
(4) for a second degree felony resulting in
the death of a human being, twelve thousand five hundred
dollars ($12,500);
(5) for a second degree felony for