The bill amends the Controlled Substances Act to impose stricter penalties for trafficking certain controlled substances, particularly when such trafficking results 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, carrying even harsher penalties. Additionally, a fine of up to $17,500 will be imposed for trafficking a controlled substance resulting in death, aligning it with penalties for other serious felonies. The bill also revises definitions and penalties related to the distribution of controlled substances, especially concerning minors and counterfeit substances, introducing new classifications based on the nature of the offense and the amount involved.

In a separate amendment, 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 offense is classified as a serious violent offense when imposing a sentence. Furthermore, it clarifies that failure to inform offenders about the implications of their sentences will not be grounds for a writ of habeas corpus. The bill also 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