HB 79 — SECOND DEGREE MURDER TIME & SENTENCING

c(5) e s k 23 (6) for a second degree felony for sexual e a nsexual boffense 24against exploitationa ofchild, children,fifteen twelve years imprisonment;

u(6) [ (7) for a second degree felony,felony ninefor yearssexual .221958.4GLGexploitation -of 4children, -twelve years imprisonment;

(7) for a second degree felony, nine years imprisonment;

(12) for a fourth degree felony for sexual h exploitation of children, ten years imprisonment;

or g o t hr (13) for a fourth degree felony, eighteen monthsg imprisonment.]e FELONYi CLASSIFICATIONk BASICmonths SENTENCEimprisonment.] firsth degreer felonyi resultings inFELONY theCLASSIFICATION deathBASIC ofSENTENCE ah child, lifet, imprisonment e t 17 first degree felony forresulting aggravatedin we lu ng de 18b criminal sexual penetration life imprisonment = = 19 a l first degree felony eighteen years i a e r 20 imprisonment a t m m 21 second degree felony resulting in d r e 22h the death of a humanchild beinglife eighteen years c e s k 23 imprisonment e a n bd 24d secondi degree= felony= foro ah sexualfirst u [ offense against a child fifteen years .221958.4GLG - 5 - imprisonment second degree felony for sexualaggravated exploitationl of] childrenb twelve,d yearsi imprisonment second degree felony nine years imprisonment third degree felony resulting in the death of a humanº beinge sixcriminal years imprisonment third degree felony for a sexual offensepenetration againstlife a child six years imprisonment thirdr degreei felony= forr sexualt exploitatione ofw childrend elevenm yearsa imprisonmentn thirdo degreefirst felony three years imprisonment fourth degree felony foreighteen sexual exploitation of children ten years imprisonmentd fourthm degree: felony eighteen months imprisonment.

B.b e d s º o t n = .221958.4GLGAIC February 15, 2022 (11:26am) s k m e - 5 - e a n e d r e l u [ A d imprisonment second degree felony resulting in the death of a human being SJCºeighteen»SJC SJCºfifteen»SJC 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 h exploitation of children eleven years imprisonment g o t hr third degree felony three years imprisonment g e i k fourth degree felony for sexual h r i s exploitation of children ten years imprisonment h , t, fourth degree felony eighteen months e u g e b l e e h imprisonment.

The appropriate basic sentence of imprisonment e t 17 shall be imposed upon a person convicted and sentenced pursuant w l n d 18d toi Subsection A of this section, unless the court alters the = = 19o ah lB. sentence pursuant to the provisions of the Criminal Sentencing i a e r 20 Act.

The appropriate basic sentence of imprisonment l ] b ,d i a º e shall be imposed upon a person convicted and sentenced pursuant r i = r t me w d m 21a C.n o to Subsection A of this section, unless the court alters the d m :

Ab periode of parole shall be imposed only for d rs eº 22o felonyt convictionsn wherein= a.221958.4GLGAIC personFebruary is15, sentenced2022 to(11:26am) c e s k 23m imprisonmente of- more6 than- onee year,a unlessn thee partiesd tor a e al nu b[ 24A proceedingd agreesentence thatpursuant ato periodthe provisions of parolethe shouldCriminal beSentencing imposed.Act.

IfC. u [ a period of parole is imposed, the court shall include in the .221958.4GLG - 6 - 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.

IfA imposed, the period of parole shall be deemedimposed toonly befor partfelony ofconvictions thewherein sentencea of the convicted person inis additionsentenced to theimprisonment basicof sentencemore imposedthan pursuantone toyear, Subsectionunless Athe ofparties thisto sectiona togetherproceeding withagree alterations,that ifa any,period pursuant to the provisions of theparole Criminalshould Sentencingbe Act.imposed.

D.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 h section.

WhenIf aimposed, courtthe imposesperiod aof sentenceparole ofshall imprisonmentbe pursuantdeemed to theu provisions» ofr Sectionbe 31-18-15.1,part 31-18-16of orthe esentence tof 17the 31-18-17convicted NMSAperson 1978in andaddition suspendsto ort defersh theg basice sentence of w l ni dthe 18basic imprisonmentsentence providedimposed pursuant to the provisions of Subsection = = 19 a l A of this section,h ther period of parole shall be served in i as esection rtogether 20 accordance with thealterations, provisionsif ofany, Sectionpursuant 31-21-10to NMSAthe 1978h a, te mh mprovisions 21 for the degree of felony for the basicCriminal sentenceSentencing forAct. which the d r e 22 inmate was convicted.

Fort theu purposeg ofe designatingb al period c e s k 23 of parole, a court shall not consider that the basic sentence e a, ngh bD. 24 of imprisonment was suspended or deferred and that the inmate u [ served a period of imprisonment pursuant to the provisions of .221958.4GLG - 7 - the Criminal Sentencing Act.

When a court imposes a sentence of imprisonment n d d i = = o h pursuant to the provisions of Section 31-18-15.1, 31-18-16 or l ] b ,d i a º r 31-18-17 NMSA 1978 and suspends or defers the basic sentence of e r = t e w d m a n o imprisonment provided pursuant to the provisions of Subsection d m :

b r e t º o t n = .221958.4GLGAIC February 15, 2022 (11:26am) s k m e - 7 - e a n e d r e l u [ A d 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.

h (3) for a first degree felony, fifteen u » r thousand dollars ($15,000);

t h g e l i (4) for a second degree felony resulting in h r i s the death of a human being, twelve thousand five hundred h , e h dollars ($12,500);

t u g e b l e e , gh (5) for a second degree felony for a sexual n d d i = = o h offense against a child, twelve thousand five hundred dollars el t] 17b ,d i a º r ($12,500);

we lr n= t e w d 18m a n o (6) for a second degree felony for sexual =d =m 19: a l exploitation of children, five thousand dollars ($5,000);

ib ar e rt 20º (7)o fort an second= degree.221958.4GLGAIC felony,February ten15, thousand2022 a(11:26am) ts mk m 21e - 8 - e a n e d r e l u [ A d exploitation of children, five thousand dollars ($10,000);($5,000);

d(7) r e 22 (8) for a thirdsecond degree felonyfelony, resultingten in the c e s k 23 death of a human being, five thousand dollars ($5,000);($10,000);

e(8) a n b 24 (9) for a third degree felony forresulting ain sexualthe udeath [of offense against a child,human being, five thousand dollars ($5,000);

.221958.4GLG(9) - 8 - (10) for a third degree felony for a sexual exploitationoffense ofagainst children,a child, five thousand dollars ($5,000);

(10) for a third degree felony for sexual exploitation of children, five thousand dollars ($5,000);

When the court imposes a sentence of imprisonment for a felony offense, the court shall indicate whether or not the offense is a serious violent offense as h defined in Section 33-2-34 NMSA 1978.

The court shall inform g o t hr an offender that the offender's sentence of imprisonment is g e i k subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 h r i s and 33-2-38 NMSA 1978.

If the court fails to inform an h , t, offender that the offender's sentence is subject to those e u g e b l e e h provisions or if the court provides the offender with erroneous n d d i = = o h information regarding those provisions, the failure to inform el t] 17b ,d i a º e or the error shall not provide a basis for a writ of habeas wr li n= r t e w d 18m a n o corpus.

=d =m 19: a l G.

Nob later than October 31 of each year, the i a e rd 20s Newº Mexicoo sentencingt commissionn shall= provide.221958.4GLGAIC aFebruary written15, report2022 a(11:26am) ts mk m 21e to- the9 secretary- ofe corrections,a alln Newe Mexico criminal court d r e 22l judges,u the[ administrativeA officed ofG. the district attorneys and c e s k 23 the chief public defender.

TheNo reportlater shallthan specifyOctober the31 eof aeach nyear, b 24 average reduction in the sentenceNew ofMexico imprisonmentsentencing forcommission seriousshall uprovide [a violentwritten offensesreport andto nonviolentthe offenses,secretary asof definedcorrections, inall SectionNew .221958.4GLGMexico -criminal 9court -judges, 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previousadministrative fiscaloffice yearof pursuant to the provisionsdistrict ofattorneys Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38the NMSAchief 1978.public defender.

The correctionsreport department shall allowspecify the commissionaverage accessreduction toin documents used by the departmentsentence toof determineimprisonment earned meritorious deductions for prisoners."serious -violent 10offenses -and 9nonviolent 11offenses, 13as 15defined ein tSection 1733-2-34 wNMSA l1978, ndue dto 18meritorious =deductions =earned 19by aprisoners lduring ithe aprevious efiscal ryear 20pursuant ato tthe mprovisions mof 21Sections d33-2-34, r33-2-36, e33-2-37 22and c33-2-38 eNMSA s1978. k 23 e a n b 24 u [ .221958.4GLG

The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners." - 10 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .221958.4GLGAIC February 15, 2022 (11:26am) s k m e e a n e d r e l u [ A d