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 sentence of twelve years, while subsequent offenses are classified as first-degree felonies, also carrying severe penalties. The definition of trafficking is expanded to include counterfeit substances and controlled substance analogs, thereby increasing the range of offenses subject to these enhanced penalties. Additionally, the bill revises the sentencing structure for drug-related offenses, introducing specific penalties for distributing controlled substances to minors, with first offenses classified as second-degree felonies and subsequent offenses as first-degree felonies.

In a separate section, the bill addresses penalties for felony offenses related to the sexual exploitation of children, establishing a fine of $5,000 for third and fourth degree felonies. It requires courts to specify whether a felony is classified as a serious violent offense when imposing a sentence and clarifies that incorrect information provided by the court will not be grounds for a writ of habeas corpus. Furthermore, 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.

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