The bill amends the Controlled Substances Act to impose stricter penalties for trafficking controlled substances, particularly in cases that result in death. A first offense leading to death will be classified as a second-degree felony with a minimum imprisonment term of twelve years, while subsequent offenses will be classified as first-degree felonies. Additionally, the bill introduces a fine of up to $17,500 for trafficking that results in death and revises definitions and penalties related to the distribution of controlled substances, including counterfeit substances and those distributed to minors. It also clarifies penalties for violations occurring within drug-free school zones, aiming to enhance accountability and deterrence in drug trafficking cases.

In a separate section, the bill proposes amendments to penalties for felony offenses related to the sexual exploitation of children, establishing a fine of $5,000 for third-degree felonies and clarifying the classification of offenses as serious violent crimes. It requires courts to indicate whether a felony is classified as serious violent when imposing a sentence and states that failure to inform offenders about the implications of their sentence will not be grounds for a writ of habeas corpus. Additionally, the New Mexico sentencing commission is mandated to submit an annual report detailing average sentence reductions due to meritorious deductions earned by prisoners, with the corrections department required to provide necessary documentation for this reporting.

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