The bill amends Section 31-18-15.1 NMSA 1978 to stipulate that judges may only consider aggravating circumstances when altering the basic sentence of a defendant convicted of a serious violent offense. This change emphasizes the focus on aggravating factors, as opposed to both mitigating and aggravating circumstances, during sentencing hearings. The bill outlines the procedures for determining these circumstances, including the requirement for the state to provide notice of intent to seek an increased sentence based on aggravating factors at least five days prior to trial or sentencing.

Additionally, the bill clarifies that certain factors, such as the use of a firearm, prior felony convictions, hate-motivated crimes, and evidence related to essential elements of the offense, will not be considered as aggravating circumstances. If a judge decides to alter the basic sentence, they must provide a brief statement of reasons for the alteration, which will be included in the case record. The maximum alteration of the basic sentence for noncapital felonies is capped at one-third, with provisions for serious youthful offenders or youthful offenders allowing for greater reductions.

Statutes affected:
introduced version: 31-18-15.1