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HOUSE BILL 274
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Elaine Sena Cortez and Jay C. Block and Rod Montoya
and John Block and Alan T. Martinez
AN ACT
RELATING TO CRIME; MAKING THE TRAFFICKING OF FENTANYL A FIRST
DEGREE FELONY WITH A SENTENCE OF LIFE IN PRISON.
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
analog [as defined in Subsection W of Section 30-31-2 NMSA
1978];
(2) distribution, sale, barter or giving away
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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) 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) 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 shall be
sentenced pursuant to Section 31-18-15 NMSA 1978 and is:
(1) for the first and subsequent offenses when
the controlled substance is fentanyl, guilty of a first degree
felony for trafficking fentanyl;
[(1)] (2) for [the first offense ] all other
first offenses, guilty of a second degree felony [and shall be
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sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978]; and
[(2)] (3) for [the second and ] all other
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 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 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
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penetration life imprisonment
first degree felony for
trafficking fentanyl 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 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 three years imprisonment
fourth degree felony for
sexual exploitation of
children ten years imprisonment
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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.
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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);
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(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
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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."
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