The bill amends the definition of "prior felony conviction" for habitual offenders in New Mexico by removing the ten-year limitation that previously restricted the consideration of prior felony convictions to those occurring within ten years of the current felony conviction. This change allows for any prior felony conviction, regardless of when it occurred, to be considered when determining if an individual qualifies as a habitual offender. The bill specifies that a person with one prior felony conviction will have their basic sentence increased by one year, two prior felony convictions will result in a four-year increase, and three or more prior felony convictions will lead to an eight-year increase in their basic sentence.

Additionally, the bill clarifies that the sentences imposed for habitual offenders cannot be suspended or deferred, except under specific circumstances where both the prior and current felony convictions are for nonviolent offenses, and the court finds substantial and compelling reasons to deviate from the mandatory sentence. The language also updates the references to the habitual offender's basic sentence, ensuring clarity in the application of these sentencing enhancements.

Statutes affected:
introduced version: 31-18-17