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HOUSE BILL 107
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Andrea Reeb
AN ACT
RELATING TO CRIME; AMENDING SECTIONS OF THE CONTROLLED
SUBSTANCES ACT; PROVIDING A PENALTY FOR WHEN THE TRAFFICKING OF
CERTAIN CONTROLLED SUBSTANCES, CONTROLLED SUBSTANCE ANALOGS OR
COUNTERFEIT SUBSTANCES RESULTS IN THE DEATH OF A HUMAN BEING;
REVISING PENALTIES; PRESCRIBING FINES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-31-20 NMSA 1978 (being Laws 1972,
Chapter 84, Section 20, as amended) is amended to read:
"30-31-20. TRAFFICKING CONTROLLED SUBSTANCES--
VIOLATION.--
A. As used in the Controlled Substances Act,
"traffic" means the:
(1) manufacture of a controlled substance
enumerated in Schedules I through V or a controlled substance
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analog [as defined in Subsection W of Section 30-31-2 NMSA
1978];
(2) distribution, sale, barter or giving away
of:
(a) a controlled substance enumerated in
Schedule I or II that is a narcotic drug;
(b) a controlled substance analog of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug; [or]
(c) a counterfeit substance of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug;
(d) a counterfeit substance of a
controlled substance analog of a controlled substance
enumerated in Schedule I or II that is a narcotic drug; or
[(c)] (e) methamphetamine, its salts,
isomers and salts of isomers; or
(3) possession with intent to distribute:
(a) a controlled substance enumerated in
Schedule I or II that is a narcotic drug;
(b) a controlled substance analog of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug; [or]
(c) a counterfeit substance of a
controlled substance enumerated in Schedule I or II that is a
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narcotic drug;
(d) a counterfeit substance of a
controlled substance analog of a controlled substance
enumerated in Schedule I or II that is a narcotic drug; or
[(c)] (e) methamphetamine, its salts,
isomers and salts of isomers.
B. Except as authorized by the Controlled
Substances Act, it is unlawful for a person to intentionally
traffic. A person who violates this subsection is:
(1) for the first offense, except as provided
in Paragraph (2) of this subsection , guilty of a second degree
felony for trafficking a controlled substance and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978; [and] provided that the person shall serve a minimum term
of imprisonment of nine years;
(2) for the first offense resulting in the
death of a human being, guilty of a second degree felony for
trafficking a controlled substance resulting in the death of a
human being and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978; provided that the person shall
serve a minimum term of imprisonment of twelve years ;
[(2)] (3) for the second and subsequent
offenses, except as provided in Paragraph (4) of this
subsection, guilty of a first degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
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1978; and
(4) for the second and subsequent offenses, if
the offense results in the death of a human being, guilty of a
first degree felony for trafficking a controlled substance
resulting in the death of a human being and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978 .
C. A person who knowingly violates Subsection B of
this section within a drug-free school zone excluding private
property residentially zoned or used primarily as a residence
is guilty of a first degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978."
SECTION 2. Section 30-31-21 NMSA 1978 (being Laws 1972,
Chapter 84, Section 21, as amended) is amended to read:
"30-31-21. DISTRIBUTION TO A MINOR.--
A. Except as authorized by the Controlled
Substances Act, no person who is eighteen years of age or older
shall intentionally distribute a controlled substance to a
person under the age of eighteen years.
B. Except as provided in Subsection C of this
section, any person who violates this section with respect to a
controlled substance enumerated in Schedule I, II, III or IV or
a controlled substance analog of any controlled substance
enumerated in Schedule I, II, III or IV is:
(1) for the first offense, guilty of a second
degree felony and shall be sentenced pursuant to the provisions
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of Section 31-18-15 NMSA 1978; and
(2) for the second and subsequent offenses,
guilty of a first degree felony and shall be sentenced pursuant
to the provisions of Section 31-18-15 NMSA 1978.
C. A person who violates this section with respect
to a controlled substance enumerated in Schedule I or II that
is a narcotic drug or a controlled substance analog of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug, methamphetamine, its salts, isomers or salts of
isomers as enumerated in Schedule II or a controlled substance
analog of methamphetamine, its salts, isomers or salts of
isomers is guilty of a first degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978."
SECTION 3. Section 30-31-22 NMSA 1978 (being Laws 1972,
Chapter 84, Section 22, as amended) is amended to read:
"30-31-22. CONTROLLED OR COUNTERFEIT SUBSTANCES--
DISTRIBUTION PROHIBITED.--
A. Except as authorized by the Controlled
Substances Act, it is unlawful for a person to intentionally
distribute or possess with intent to distribute a controlled
substance or a controlled substance analog except a substance
enumerated in Schedule I or II that is a narcotic drug, a
controlled substance analog of a controlled substance
enumerated in Schedule I or II that is a narcotic drug or
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methamphetamine, its salts, isomers and salts of isomers. A
person who violates this subsection with respect to:
(1) synthetic cannabinoids is:
(a) for the first offense, guilty of a
fourth degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978;
(b) for the second and subsequent
offenses, guilty of a third degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978;
(c) for the first offense, if more than
one hundred pounds is possessed with intent to distribute or
distributed or both, guilty of a third degree felony and shall
be sentenced pursuant to the provisions of Section 31-18-15
NMSA 1978; and
(d) for the second and subsequent
offenses, if more than one hundred pounds is possessed with
intent to distribute or distributed or both, guilty of a second
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978;
(2) any other controlled substance enumerated
in Schedule I, II, III or IV or a controlled substance analog
of a controlled substance enumerated in Schedule I, II, III or
IV except a substance enumerated in Schedule I or II that is a
narcotic drug, a controlled substance analog of a controlled
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substance enumerated in Schedule I or II that is a narcotic
drug or methamphetamine, its salts, isomers and salts of
isomers, is:
(a) for the first offense, guilty of a
third degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978; and
(b) for the second and subsequent
offenses, guilty of a second degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978; and
(3) a controlled substance enumerated in
Schedule V or a controlled substance analog of a controlled
substance enumerated in Schedule V is guilty of a misdemeanor
and shall be punished by a fine of not less than one hundred
dollars ($100) or more than five hundred dollars ($500) or by
imprisonment for a definite term not less than one hundred
eighty days but less than one year, or both.
B. It is unlawful for a person to distribute gamma
hydroxybutyric acid or flunitrazepam to another person without
that person's knowledge and with intent to commit a crime
against that person, including criminal sexual penetration.
For the purposes of this subsection, "without that person's
knowledge" means the person is unaware that a substance with
the ability to alter that person's ability to appraise conduct
or to decline participation in or communicate unwillingness to
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participate in conduct is being distributed to that person.
Any person who violates this subsection is:
(1) for the first offense, guilty of a third
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978; and
(2) for the second and subsequent offenses,
guilty of a second degree felony and shall be sentenced
pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Except as authorized by the Controlled
Substances Act, it is unlawful for a person to intentionally
create or deliver, or possess with intent to deliver, a
counterfeit substance. A person who violates this subsection
with respect to:
(1) a counterfeit substance enumerated in
Schedule I, II, III or IV, except a counterfeit substance of a
controlled substance enumerated in Schedule I or II that is a
narcotic drug or a counterfeit substance of a controlled
substance analog of a controlled substance enumerated in
Schedule I or II that is a narcotic drug , is guilty of a fourth
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978; and
(2) a counterfeit substance enumerated in
Schedule V is guilty of a petty misdemeanor and shall be
punished by a fine of not more than one hundred dollars ($100)
or by imprisonment for a definite term not to exceed six
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months, or both.
D. A person who knowingly violates Subsection A or
C of this section while within a drug-free school zone with
respect to:
(1) synthetic cannabinoids is:
(a) for the first offense, guilty of a
third degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978;
(b) for the second and subsequent
offenses, guilty of a second degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978;
(c) for the first offense, if more than
one hundred pounds is possessed with intent to distribute or
distributed or both, guilty of a second degree felony and shall
be sentenced pursuant to the provisions of Section 31-18-15
NMSA 1978; and
(d) for the second and subsequent
offenses, if more than one hundred pounds is possessed with
intent to distribute or distributed or both, guilty of a first
degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978;
(2) any other controlled substance enumerated
in Schedule I, II, III or IV or a controlled substance analog
of a controlled substance enumerated in Schedule I, II, III or
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IV except a substance enumerated in Schedule I or II that is a
narcotic drug, a controlled substance analog of a controlled
substance enumerated in Schedule I or II that is a narcotic
drug or methamphetamine, its salts, isomers and salts of
isomers, is:
(a) for the first offense, guilty of a
second degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978; and
(b) for the second and subsequent
offenses, guilty of a first degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978;
(3) a controlled substance enumerated in
Schedule V or a controlled substance analog of a controlled
substance enumerated in Schedule V is guilty of a fourth degree
felony and shall be sentenced pursuant to the provisions of
Section 31-18-15 NMSA 1978; and
(4) the intentional creation, delivery or
possession with the intent to deliver:
(a) a counterfeit substance enumerated
in Schedule I, II, III or IV, except a counterfeit substance of
a controlled substance enumerated in Schedule I or II that is a
narcotic drug or a counterfeit substance of a controlled
substance analog of a controlled substance enumerated in
Schedule I or II that is a narcotic drug , is guilty of a third
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degree felony and shall be sentenced pursuant to the provisions
of Section 31-18-15 NMSA 1978; and
(b) a counterfeit substance enumerated
in Schedule V is guilty of a misdemeanor and shall be punished
by a fine of not less than one hundred dollars ($100) nor more
than five hundred dollars ($500) or by imprisonment for a
definite term not less than one hundred eighty days but less
than one year, or both.
E. Notwithstanding the provisions of Subsection A
of this section, distribution of a small amount of synthetic
cannabinoids for no remuneration shall be treated as provided
in Paragraph (1) of Subsection B of Section 30-31-23 NMSA
1978."
SECTION 4. 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
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first degree felony for
aggravated criminal sexual
penetration life imprisonment
first degree felony for
trafficking a controlled
substance resulting in
the death of a human being life imprisonment
first degree felony eighteen years imprisonment
second degree felony
resulting in the death of
a human being eighteen years imprisonment
second degree felony for
trafficking a controlled
substance resulting in
the death of a human being eighteen 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
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sexual offense against a
child six years imprisonment
third degree felony for sexual
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.
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
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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);
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(2) for a first degree felony for aggravated
criminal sexual penetration, seventeen thousand five hundred
dollars ($17,500);
(3) for a first degree felony for trafficking
a controlled substance resulting in the death of a human being,
seventeen thousand five hundred dollars ($17,500);
[(3)] (4) for a first degree felony, fifteen
thousand dollars ($15,000);
[(4)] (5) for a second degree felony resulting
in the death of a human being, twelve thousand five hundred
dollars ($12,500);
[(5)] (6) for a second degree felony for a
sexual offense against a child, twelve thousand five hundred
dollars ($12,500);
(7) for a second degree felony for trafficking
a controlled substance resulting in the death of a human being,
twelve thousand five hundred dollars ($12,500);
[(6)] (8) for a second degree felony for
sexual exploitation of children, five thousand dollars
($5,000);
[(7)] (9) for a second degree felony, ten
thousand dollars ($10,000);
[(8)] (10) for a third degree felony resulting
in the death of a human being, five thousand dollars ($5,000);
[(9)] (11) for a third degree felony for a
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sexual offense against a child, five thousand dollars ($5,000);
[(10)] (12) for a third degree felony for
sexual exploitation of children, five thousand dollars
($5,000);
[(11)] (13) for a third or fourth degree
felony, five thousand dollars ($5,000); or
[(12)] (14) 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
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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."
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