The bill amends Section 31-18-15.1 of the New Mexico Statutes to require judges to consider only aggravating circumstances when altering the basic sentence of individuals convicted of serious violent offenses. Specifically, it states that during sentencing hearings, judges may only take into account aggravating circumstances, as defined in Section 33-2-34 NMSA 1978, and not mitigating circumstances. This change aims to streamline the sentencing process for serious violent offenses by limiting the factors judges can consider when determining sentence alterations.

Additionally, the bill outlines the procedures for determining aggravating circumstances, including the requirement for the state to provide notice of intent to seek an increased sentence based on these circumstances at least five days prior to trial or sentencing. It also specifies that certain factors, such as the use of a firearm or prior felony convictions, shall not be considered aggravating circumstances. The judge is required to provide a brief statement of reasons for any alterations made to the basic sentence, which must be included in the case record.

Statutes affected:
introduced version: 31-18-15.1