underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 330
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Nicholas A. Paul
AN ACT
RELATING TO CRIMINAL SENTENCING; ENHANCING THE BASIC SENTENCE
FOR CRIMES COMMITTED IN FURTHERANCE OF CRIMINAL STREET GANG
ACTIVITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Criminal Sentencing Act
is enacted to read:
"[NEW MATERIAL] ALTERATION OF BASIC SENTENCE--GANG-RELATED
CRIMES.--
A. When, in a hearing separate from a trial or
guilty plea proceeding, it is proven beyond a reasonable doubt
to a jury or to the judge, if the defendant's right to a jury
trial has been waived, that a felony enumerated in Subsection B
of this section was knowingly committed for the benefit of, at
the direction of or in association with a criminal street gang
.230301.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
with the intent to promote, further or assist in criminal
conduct by gang members, the basic sentence of imprisonment
prescribed for the offense shall be increased as follows:
(1) for a fourth degree felony, an additional
one year;
(2) for a third degree felony, an additional
two years;
(3) for a third degree felony resulting in
death, an additional three years;
(4) for a second degree felony, an additional
four years;
(5) for a second degree felony resulting in
death, an additional six years; and
(6) for a first degree felony, an additional
eight years.
B. The following felonies are subject to the
enhancements imposed pursuant to Subsection A of this section:
(1) murder, pursuant to Section 30-2-1 NMSA
1978;
(2) voluntary manslaughter, pursuant to
Subsection A of Section 30-2-3 NMSA 1978;
(3) aggravated assault, pursuant to Section
30-3-2 NMSA 1978;
(4) assault with intent to commit a violent
felony, pursuant to Section 30-3-3 NMSA 1978;
.230301.1
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(5) aggravated battery, pursuant to Subsection
C of Section 30-3-5 NMSA 1978;
(6) shooting at a dwelling or occupied
building or shooting at or from a motor vehicle, pursuant to
Section 30-3-8 NMSA 1978;
(7) aggravated stalking, pursuant to Section
30-3A-3.1 NMSA 1978;
(8) kidnapping, pursuant to Section 30-4-1
NMSA 1978;
(9) sexual exploitation of children by
prostitution, pursuant to Section 30-6A-4 NMSA 1978;
(10) dangerous use of explosives, pursuant to
Section 30-7-5 NMSA 1978;
(11) possession of explosives, explosive
devices or incendiary devices, pursuant to Sections 30-7-19 and
30-7-19.1 NMSA 1978;
(12) criminal sexual penetration in the first,
second or third degree, pursuant to Section 30-9-11 NMSA 1978;
(13) criminal sexual contact of a minor,
pursuant to Section 30-9-13 NMSA 1978;
(14) felony criminal damage to property,
pursuant to Section 30-15-1 NMSA 1978;
(15) felony graffiti, pursuant to Section
30-15-1.1 NMSA 1978;
(16) robbery, pursuant to Section 30-16-2 NMSA
.230301.1
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1978;
(17) burglary, pursuant to Section 30-16-3
NMSA 1978;
(18) aggravated burglary, pursuant to Section
30-16-4 NMSA 1978;
(19) extortion, pursuant to Section 30-16-9
NMSA 1978;
(20) aggravated fleeing a law enforcement
officer, pursuant to Section 30-22-1.1 NMSA 1978;
(21) harboring or aiding a felon, pursuant to
Section 30-22-4 NMSA 1978;
(22) aggravated assault upon a peace officer,
pursuant to Section 30-22-22 NMSA 1978;
(23) assault with intent to commit a violent
felony upon a peace officer, pursuant to Section 30-22-23 NMSA
1978;
(24) aggravated battery upon a peace officer,
pursuant to Section 30-22-25 NMSA 1978;
(25) bribery or intimidation of a witness or
retaliation against a witness, pursuant to Section 30-24-3 NMSA
1978;
(26) trafficking in a controlled substance,
pursuant to Section 30-31-20 NMSA 1978;
(27) unlawful taking of a motor vehicle,
pursuant to Section 30-16D-1 NMSA 1978;
.230301.1
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(28) money laundering, pursuant to the Money
Laundering Act; and
(29) an attempt to commit any of the felonies
listed in this subsection, pursuant to Section 30-28-1 NMSA
1978.
C. The enhancements provided in Subsection A of
this section shall run consecutively with the basic sentence
and shall not be suspended or deferred.
D. If more than one enhancement is imposed, the
enhancements provided in Subsection A of this section shall run
concurrently.
E. As used in this section:
(1) "criminal street gang" means an ongoing
organization, association or group of three or more persons,
whether formal or informal, having as one of its primary
activities the commission of one or more of the felonies
enumerated in Subsection B of this section, who associate under
a common name or have an identifying sign or symbol and whose
members individually or collectively engage in or have engaged
in a pattern of criminal street gang activity. "Criminal
street gang" does not include a fraternal organization, union,
corporation, association or similar group or entity, unless
organized for the primary purpose of engaging in criminal
activity; and
(2) "pattern of criminal street gang activity"
.230301.1
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
means the commission of two or more of the felonies enumerated
in Subsection B of this section; provided that the offenses
occurred within three years of each other and were committed on
separate occasions by two or more persons."
SECTION 2. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
- 6 -
.230301.1