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. If a judge decides to alter a 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