The bill amends the Controlled Substances Act to impose stricter penalties for trafficking certain controlled substances, particularly when such trafficking results in death. It classifies a first offense resulting in death as a second-degree felony, with a minimum imprisonment term of twelve years, while subsequent offenses are classified as first-degree felonies with similar penalties. Additionally, the bill expands the definition of trafficking to include counterfeit substances and controlled substance analogs, thereby broadening the scope of offenses covered under the law. It also revises penalties for distributing controlled substances to minors, increasing the severity of consequences for distributing narcotic drugs or their analogs, and introduces specific fines for trafficking offenses resulting in death.

Moreover, the bill addresses penalties for felony offenses related to the sexual exploitation of children, establishing a fine of five thousand dollars for third and fourth degree felonies. It requires courts to indicate whether a felony offense is classified as a serious violent offense and clarifies that incorrect information provided by the court will not be grounds for a writ of habeas corpus. Additionally, the bill mandates an annual report from the New Mexico sentencing commission detailing average sentence reductions for serious violent and nonviolent offenses due to meritorious deductions earned by prisoners, with the corrections department required to provide necessary documentation for this reporting process.

Statutes affected:
introduced version: 30-31-20, 30-31-21, 30-31-22, 31-18-15