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 presenting evidence regarding 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 clarifies that certain factors, such as the use of a firearm or prior felony convictions, will not be considered aggravating circumstances. If a judge decides to alter a sentence, they must provide a brief statement of reasons for the alteration, which will be included in the case record.

Statutes affected:
introduced version: 31-18-15.1