SB 96 — INCREASE ATTEMPTED MURDER PENALTY

SENATE BILL 96 56TH LEGISLATURE -STATEOFNEWMEXICO- SECOND SESSION , 2024 INTRODUCED BY Antonio Maestas and Cynthia Borrego 6 8 10 AN ACT RELATING TO CRIMINAL SENTENCING;

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

Section 30-28-1 NMSA 1978 (being Laws 1963, e t 17 Chapter 303, Section 28-1) is amended to read:

w l n d 18 "30-28-1.

ATTEMPT TO COMMIT A FELONY.--Attempt to commit = = 19 a l a felony consists of an overt act in furtherance of and with i a e r 20 intent to commit a felony and tending but failing to effect its a t m m 21 commission.

d r e 22 Whoever commits attempt to commit a felony, upon c e s k 23 conviction thereof, shall be punished as follows:

e a n b 24 A.

if the crime attempted is a capital or first u [ degree felony, the person committing such attempt is guilty of .226607.2 a second degree felony;

if the crime attempted is murder in the second degree, the person committing the attempted murder is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, the basic sentence of SB 96 imprisonment is nine years;

[C.]Page 1 D.

and [D.] E.

No person shall be sentenced for an attempt to commit a e t 17 misdemeanor." w l n d 18 SECTION 2.

Section 31-18-15 NMSA 1978 (being Laws 1977, = = 19 a l Chapter 216, Section 4, as amended) is amended to read:

i a e r 20 "31-18-15.

SENTENCING AUTHORITY--NONCAPITAL FELONIES-- a t m m 21 BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS d r e 22 DEDUCTIONS.-- c e s k 23 A.

As used in a statute that establishes a e a n b 24 noncapital felony, the following defined felony classifications u [ and associated basic sentences of imprisonment are as follows:

.226607.2 - 2 - 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 SB 96 Page 2 second degree felony resulting in the death of a human being [fifteen] eighteen years imprisonment second degree felony for a sexual offense against a child fifteen years imprisonment second degree felony for e t 17 sexual exploitation of w l n d 18 children twelve years imprisonment = = 19 a l second degree felony nine years imprisonment i a e r 20 third degree felony resulting a t m m 21 in the death of a human being six years imprisonment d r e 22 third degree felony for a c e s k 23 sexual offense against a e a n b 24 child six years imprisonment u [ third degree felony for sexual .226607.2 - 3 - exploitation of children eleven 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.

The appropriate basic sentence of imprisonment shall be imposed upon a person convicted and sentenced SB 96 Page 3 pursuant to Subsection A of this section, unless the court alters the sentence pursuant to the provisions of the Criminal Sentencing Act.

If a period of parole is imposed, the court shall include in the e t 17 judgment and sentence of each person convicted and sentenced to w l n d 18 imprisonment in a corrections facility designated by the = = 19 a l corrections department authority for a period of parole to be i a e r 20 served in accordance with the provisions of Section 31-21-10 a t m m 21 NMSA 1978 after the completion of any actual time of d r e 22 imprisonment and authority to require, as a condition of c e s k 23 parole, the payment of the costs of parole services and e a n b 24 reimbursement to a law enforcement agency or local crime u [ stopper program in accordance with the provisions of that .226607.2 - 4 - section.

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 SB 96 Page 4 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 e t 17 the Criminal Sentencing Act.

w l n d 18 E.

The court may, in addition to the imposition of = = 19 a l a basic sentence of imprisonment, impose a fine not to exceed:

i a e r 20 (1) for a first degree felony resulting in the a t m m 21 death of a child, seventeen thousand five hundred dollars d r e 22 ($17,500);

c e s k 23 (2) for a first degree felony for aggravated e a n b 24 criminal sexual penetration, seventeen thousand five hundred u [ dollars ($17,500);

.226607.2 - 5 - (3) for a first degree felony, fifteen thousand dollars ($15,000);

(5) for a second degree felony for a sexual offense against a child, twelve thousand five hundred dollars SB 96 Page 5 ($12,500);

e t 17 (10) for a third degree felony for sexual w l n d 18 exploitation of children, five thousand dollars ($5,000);

= = 19 a l (11) for a third or fourth degree felony, five i a e r 20 thousand dollars ($5,000);

or a t m m 21 (12) for a fourth degree felony for sexual d r e 22 exploitation of children, five thousand dollars ($5,000).

c e s k 23 F.

When the court imposes a sentence of e a n b 24 imprisonment for a felony offense, the court shall indicate u [ whether or not the offense is a serious violent offense as .226607.2 - 6 - defined in Section 33-2-34 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 SB 96 Page 6 to inform or the error shall not provide a basis for a writ of habeas corpus.

The report shall specify the average reduction in the sentence of imprisonment for serious violent offenses and nonviolent offenses, as defined in Section e t 17 33-2-34 NMSA 1978, due to meritorious deductions earned by w l n d 18 prisoners during the previous fiscal year pursuant to the = = 19 a l provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38 i a e r 20 NMSA 1978.

The corrections department shall allow the a t m m 21 commission access to documents used by the department to d r e 22 determine earned meritorious deductions for prisoners." cSB e96 sPage k 23 - 7 -25 e a n b 24 u [ .226607.2