HB 316 — PUBLIC PEACE, HEALTH, SAFETY & WELFARE

                     (b) the person has not been pardoned for the felony conviction by the proper authority;

and                      (c) the person has not received a deferred sentence;

                (4) "firearm" means any weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of any such weapon;

and                 (5) "serious violent felon" means a person convicted of an offense enumerated in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978;

provided that:

                     (a) less than ten years have passed since the person completed serving a sentence or a period of probation for the felony conviction, whichever is later;

                     (b) the person has not been pardoned for the felony conviction by the proper authority;

and                      (c) the person has not received a deferred sentence and completed the total term of deferment as provided in Section 31-20-9 NMSA 1978."      SECTION 2.

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 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 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 third degree felony for possession of a firearm or destructive device by a felon                     five years imprisonment 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 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 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 a sexual offense against a child, twelve thousand five hundred dollars ($12,500);

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

                (7) for a second degree felony, ten thousand dollars ($10,000);

                (8) for a third degree felony resulting in the death of a human being, five thousand dollars ($5,000);

                (9) for a third degree felony for a sexual offense against a child, five thousand dollars ($5,000);

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

                (11) for a third or fourth degree felony, five thousand dollars ($5,000);

or                 (12) for a fourth degree felony for sexual exploitation of children, five thousand dollars ($5,000).

          F.

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 defined in Section 33-2-34 NMSA 1978.

The court shall inform an offender that the offender's sentence of imprisonment is subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978.

If the court fails to inform an offender that the offender's sentence is subject to those provisions or if the court provides the offender with erroneous information regarding those provisions, the failure to inform or the error shall not provide a basis for a writ of habeas corpus.

          G.

No later than October 31 of each year, the New Mexico sentencing commission shall provide a written report to the secretary of corrections, all New Mexico criminal court judges, the administrative office of the district attorneys and the chief public defender.

The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section 33-2-34 NMSA 1978, due to meritorious deductions earned by prisoners during the previous fiscal year pursuant to the provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 NMSA 1978.

The corrections department shall allow the commission access to documents used by the department to determine earned meritorious deductions for prisoners."      SECTION 3.

EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

- 10 -