reglab/housing_qa huggingface dataset:
NM Stat § 31-18-15.2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-15.2 - Definitions.

As used in the Criminal Sentencing Act: A. "serious youthful offender" means an individual fifteen to eighteen years of age who is charged with and indicted or bound over for trial for first degree murder; and B. "youthful offender" means a delinquent child subject to adult or juvenile sanctions who is: (1) fourteen to eighteen years of age at the time of the offense and who is adjudicated for at least one of the following offenses: (a) second degree murder, as provided in Section 30-2-1 NMSA 1978; (b) assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978; (c) kidnapping, as provided in Section 30-4-1 NMSA 1978; (d) aggravated battery, as provided in Subsection C of Section 30-3-5 NMSA 1978; (e) aggravated battery upon a peace officer, as provided in Subsection C of Section 30-22-25 NMSA 1978; (f) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978; (g) dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978; (h) criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; (i) robbery, as provided in Section 30-16-2 NMSA 1978; (j) aggravated burglary, as provided in Section 30-16-4 NMSA 1978; (k) aggravated arson, as provided in Section 30-17-6 NMSA 1978; or (l) abuse of a child that results in great bodily harm or death to the child, as provided in Section 30-6-1 NMSA 1978; (2) fourteen to eighteen years of age at the time of the offense and adjudicated for any felony offense and who has had three prior, separate felony adjudications within a three-year time period immediately preceding the instant offense. The felony adjudications relied upon as prior adjudications shall not have arisen out of the same transaction or occurrence or series of events related in time and location. Successful completion of consent decrees is not considered a prior adjudication for the purposes of this paragraph; or (3) fourteen years of age and adjudicated for first degree murder, as provided in Section 30-2-1 NMSA 1978. History: Laws 1993, ch. 77, § 1; 1994, ch. 18, § 2; 1995, ch. 205, § 1; 1996, ch. 85, § 1. ANNOTATIONSThe 1996 amendment, effective July 1, 1996, substituted "fifteen to eighteen" for "sixteen or seventeen" in Subsection A; substituted "fourteen" for "fifteen" at the beginning of Paragraphs B(1), (2) and (3); deleted "which results in great bodily harm to another person" in Subparagraph B(1)(f) preceding "as provided"; added Subparagraph b(1)(l); and substituted "three-year" for "two-year" in Paragraph B(2). The 1995 amendment, effective June 16, 1995, inserted "Subsection C of" in Subdivision B(1)(d), and added Subdivision B(1)(e) and redesignated the remaining subdivisions accordingly. The 1994 amendment, effective July 1, 1994, inserted Subparagraph B(1)(e), and redesignated former Subparagraphs B(1)(e) to B(1)(i) as Subparagraphs B(1)(f) to B(1)(j).
NM Stat § 31-18-15.4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-15.4 - Felonies; public officials; enhancement of sentences.

A. When a separate finding of fact by the trier of fact shows beyond a reasonable doubt that an offender is a public official and that the felony conviction relates to, arises out of or is in connection with the offender's holding of an elected office, the basic sentence may be increased by an additional fine not to exceed the value of the salary and fringe benefits paid to the offender, by virtue of holding an elected public office, after the commission of the first act that was a basis for the felony conviction. B. As used in this section, "public official" means a person elected to an office in an election covered by the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] or a person appointed to an office that is subject to an election covered by that act. History: Laws 2012, ch. 3, § 1. ANNOTATIONSEffective dates. — Laws 2012, ch. 3 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2012, 90 days after the adjournment of the legislature.
NM Stat § 31-18-16.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-16.1 - Repealed.

ANNOTATIONSRepeals. — Laws 2003, ch. 384, § 6 repealed 31-18-16.1 NMSA 1978, effective July 1, 2003, relating to noncapital felonies against persons sixty years of age or older or handicapped persons; alteration of basic sentence; suspension and deferral limited. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
NM Stat § 31-18-18 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-18 - Habitual offenders; duty of public officers to report.

Whenever it becomes known to any warden or prison official or any prison, probation, parole or police officer or other peace officer that any person charged with or convicted of a noncapital felony is or may be a habitual offender, it is his duty to promptly report the facts to the district attorney of the proper district, who shall then file an information. History: 1953 Comp., § 40A-29-31, enacted by Laws 1977, ch. 216, § 7.
NM Stat § 31-18-23 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-23 - Three violent felony convictions; mandatory life imprisonment; exception.

A. When a defendant is convicted of a third violent felony, and each violent felony conviction is part of a separate transaction or occurrence, and at least the third violent felony conviction is in New Mexico, the defendant shall, in addition to the sentence imposed for the third violent conviction, be punished by a sentence of life imprisonment. The life imprisonment sentence shall be subject to parole pursuant to the provisions of Section 31-21-10 NMSA 1978. B. The sentence of life imprisonment shall be imposed after a sentencing hearing, separate from the trial or guilty plea proceeding resulting in the third violent felony conviction, pursuant to the provisions of Section 31-18-24 NMSA 1978. C. For the purpose of this section, a violent felony conviction incurred by a defendant before the defendant reaches the age of eighteen shall not count as a violent felony conviction. D. When a defendant has a felony conviction from another state, the felony conviction shall be considered a violent felony for the purposes of the Criminal Sentencing Act if that crime would be considered a violent felony in New Mexico. E. As used in the Criminal Sentencing Act: (1) "great bodily harm" means an injury to the person that creates a high probability of death or that causes serious disfigurement or that results in permanent loss or impairment of the function of any member or organ of the body; and (2) "violent felony" means: (a) murder in the first or second degree, as provided in Section 30-2-1 NMSA 1978; (b) shooting at or from a motor vehicle resulting in great bodily harm, as provided in Subsection B of Section 30-3-8 NMSA 1978; (c) kidnapping resulting in great bodily harm inflicted upon the victim by the victim's captor, as provided in Subsection B of Section 30-4-1 NMSA 1978; (d) criminal sexual penetration, as provided in Subsection C or D or Paragraph (5) or (6) of Subsection E of Section 30-9-11 NMSA 1978; and (e) robbery while armed with a deadly weapon resulting in great bodily harm as provided in Section 30-16-2 NMSA 1978 and Subsection A of Section 30-1-12 NMSA 1978. History: 1978 Comp., § 31-18-23, enacted by Laws 1994, ch. 24, § 2; 1996, ch. 79, § 3; 2009, ch. 11, § 2. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, in Subparagraph A, deleted the qualification that a defendant be punished by a sentence of life imprisonment when the sentence for the third violent conviction does not result in death; and in Subparagraph (d) of Paragraph (2) of Subsection E, added the reference to Subsection D of Section 30-9-11 NMSA 1978. The 1996 amendment, effective July 1, 1996, substituted "sentence" for "punishment" and "when" for "and" in the first sentence of Subsection A, substituted "(5) or (6)" for "(4) or (5)" in Subparagraph E(2)(d), and made a stylistic change in Subparagraph E(2)(e). Applicability. — Laws 2009, ch. 11, § 6 provided that the provisions of this section apply to crimes committed on or after July 1, 2009.
NM Stat § 31-18-24 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-24 - Violent felony sentencing procedure.

A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of three violent felonies. Either party to the action may demand a jury trial. B. In a jury trial, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury. In a nonjury trial, the sentencing shall be conducted as soon as practicable by the original trial judge. In the case of a plea of guilty, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge or by a jury upon demand of the defendant. C. In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments. The jury shall retire to determine the verdict. In a nonjury sentencing proceeding, or upon a plea of guilty where no jury has been demanded, the judge shall allow argument and determine the verdict. History: 1978 Comp., § 31-18-24, enacted by Laws 1994, ch. 24, § 3.
NM Stat § 31-18-26 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18 - Criminal Sentencing|Section 31-18-26 - Two violent sexual offense convictions; sentencing procedure.

A. The court shall conduct a separate sentencing proceeding to determine any controverted question of fact regarding whether the defendant has been convicted of two violent sexual offenses. Either party to the sentencing proceeding may demand a jury sentencing proceeding. B. A jury sentencing proceeding shall be conducted as soon as practicable by the original trial judge before the original trial jury. A nonjury sentencing proceeding shall be conducted as soon as practicable by the original trial judge. In the case of a plea of guilty, the sentencing proceeding shall be conducted as soon as practicable by the original trial judge or by the original trial jury, upon demand of the defendant. C. In a jury sentencing proceeding, the judge shall give appropriate instructions and allow arguments. In a nonjury sentencing proceeding, or upon a plea of guilty when the defendant has not demanded a jury, the judge shall allow arguments and determine the verdict. History: 1978 Comp., § 31-18-26, enacted by Laws 1996, ch. 79, § 2. ANNOTATIONSConstruction. — Although the statutory language "as soon as practicable" in Subsection B means that the life enhancement proceeding must be conducted without undue delay, the legislature did not intend to impose a specific time limitation on the commencement of life enhancement proceedings. State v. Massengill, 2003-NMCA-024, 133 N.M. 263, 62 P.3d 354, cert. denied, 133 N.M. 126, 61 P.3d 835. Continuance. — In a prosecution of defendant for criminal sexual penetration and abuse of a child by endangerment, defendant's argument that the trial court erred by granting a continuance of a life enhancement sentencing proceeding was rejected on appeal, where defendant failed to demonstrate that he suffered actual prejudice in connection with the continuance of the life enhancement proceeding or that the delay violated his rights to due process or a speedy trial. State v. Massengill, 2003-NMCA-024, 133 N.M. 263, 62 P.3d 354, cert. denied, 133 N.M. 126, 61 P.3d 835.
NM Stat § 31-18A-1 to 31-18A-9 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18A - Sentencing Guidelines (Repealed.)|Section 31-18A-1 to 31-18A-9 - Repealed.

ANNOTATIONSRepeals. — Laws 1994, ch. 19, § 4, repealed 31-18A-1 to 31-18A-9 NMSA 1978, as enacted by Laws 1988, ch. 116, §§ 1 to 9, the Sentencing Guidelines Act, effective July 1, 1994. For provisions of former sections, see the 1993 NMSA 1978 on NMOneSource.com.
NM Stat § 31-18B-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18B - Hate Crimes|Section 31-18B-1 - Short title.

This act [31-18B-1 to 31-18B-5 NMSA 1978] may be cited as the "Hate Crimes Act". History: Laws 2003, ch. 384, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 384, § 7 made the act effective July 1, 2003.
NM Stat § 31-18B-2 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18B - Hate Crimes|Section 31-18B-2 - Definitions.

As used in the Hate Crimes Act: A. "age" means sixty years of age or older; B. "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord or opposed to the person's physical anatomy, chromosomal sex or sex at birth; C. "disability" means that the person has a physical or mental disability that substantially limits one or more of that person's functions, such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working; D. "motivated by hate" means the commission of a crime with the intent to commit the crime because of the actual or perceived race, religion, color, national origin, ancestry, age, handicapped status, gender, sexual orientation or gender identity of the victim, whether or not the offender's belief or perception was correct; and E. "sexual orientation" means heterosexuality, homosexuality or bisexuality, whether actual or perceived. History: Laws 2003, ch. 384, § 2; 2007, ch. 46, § 37. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, made non-substantive language changes.
NM Stat § 31-18B-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18B - Hate Crimes|Section 31-18B-4 - Hate crimes; data collection.

Every district attorney and every state, county and municipal law enforcement agency, to the maximum extent possible, shall provide the federal bureau of investigation with data concerning the commission of a crime motivated by hate, in accordance with guidelines established pursuant to the federal Hate Crime Statistics Act. History: Laws 2003, ch. 384, § 4. ANNOTATIONSEffective dates. — Laws 2003, ch. 384, § 7 made the act effective July 1, 2003. Cross references. — For the federal Hate Crime Statistics Act, see notes following 28 U.S.C.S. § 534.
NM Stat § 31-18B-5 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 18B - Hate Crimes|Section 31-18B-5 - Hate crimes; law enforcement training.

A. No later than December 31, 2003, the New Mexico law enforcement academy board shall develop and incorporate into the basic law enforcement training required, pursuant to the Law Enforcement Training Act [Chapter 29, Article 7 NMSA 1978], a course of instruction at least two hours in length concerning the detection, investigation and reporting of a crime motivated by hate. B. The New Mexico law enforcement academy board shall develop a course of instruction, learning and performance objectives and training standards, in conjunction with appropriate groups and individuals that have an interest in and expertise regarding crimes motivated by hate. The groups and individuals shall include law enforcement agencies, law enforcement academy instructors, experts on crimes motivated by hate and members of the public. C. In-service law enforcement training, as required pursuant to Section 29-7-7.1 NMSA 1978, shall include at least two hours of instruction that conform with the requirements set forth in Subsection B of this section. D. Each certified regional law enforcement training facility shall incorporate into its basic law enforcement training and in-service law enforcement training a course of training described in Subsection B of this section that is comparable to or exceeds the standards of the course of instruction developed by the New Mexico law enforcement academy board. History: Laws 2003, ch. 384, § 5. ANNOTATIONSEffective dates. — Laws 2003, ch. 384, § 7 made the act effective July 1, 2003.
NM Stat § 31-20-1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20 - Sentencing|Section 31-20-1 - Sentence of corporations.

The court may sentence any corporation, club, organization or unincorporated association which has been convicted of a crime to pay a fine authorized by the Criminal Code [30-1-1 NMSA 1978]. History: 1953 Comp., § 40A-29-12, enacted by Laws 1963, ch. 303, § 29-12; and recompiled as 1953 Comp., § 40A-29-36 by Laws 1977, ch. 216, § 16. ANNOTATIONSLaw reviews. — For article, "Survey of New Mexico Law, 1979-80: Criminal Law and Procedure," see 11 N.M.L. Rev. 85 (1981). Am. Jur. 2d, A.L.R. and C.J.S. references. — 18B Am. Jur. 2d Corporations § 2146. Applicability of criminal statute to corporation as affected by character of punishment or penalty imposed, 80 A.L.R.3d 1220. 19 C.J.S. Corporations §§ 736 to 739.
NM Stat § 31-20-4 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20 - Sentencing|Section 31-20-4 - Application of order deferring or suspending sentence.

An order deferring or suspending sentence may be limited to one or more counts or indictments, but, in the absence of express limitation, it shall extend to the entire judgment. History: 1953 Comp., § 40A-29-16, enacted by Laws 1963, ch. 303, § 29-16; and recompiled as 1953 Comp., § 40A-29-40, by Laws 1977, ch. 216, § 16. ANNOTATIONSSuspension or deferment not matter of right. — The suspension or deferment of a sentence is not a matter of right but is an act of clemency within the trial court's discretion. State v. Follis, 1970-NMCA-083, 81 N.M. 690, 472 P.2d 655. Contradictory judgment renders improper sentence. — Where the trial court deferred a sentence of imprisonment and imposed sentence of a fine for the same offense, either the deferral or the fine is subject to being stricken as an improper sentence, and the execution of either part of the sentence renders the remaining part void. State v. Aragon, 1979-NMCA-074, 93 N.M. 132, 597 P.2d 317. When probation requirements ineffective. — Once a deferred sentence becomes void, the probation requirements are no longer in effect. State v. Aragon, 1979-NMCA-074, 93 N.M. 132, 597 P.2d 317. Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law § 898.
NM Stat § 31-20-5.1 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20 - Sentencing|Section 31-20-5.1 - Misdemeanor compliance programs; counties may establish; fees.

A. A county may create a "misdemeanor compliance program" to monitor defendants' compliance with the conditions of probation imposed by a district or magistrate court. The program shall be limited to participation by persons who have been convicted of a misdemeanor criminal offense specified in the Criminal Code [30-1-1 NMSA 1978], convicted of driving while under the influence of intoxicating liquor or drugs or convicted of driving while the person's driver's license is suspended or revoked pursuant to the Motor Vehicle Code [Chapter 66, Articles 1 to 8 NMSA 1978]. A county's program shall comply with guidelines established by the administrative office of the courts. B. As a condition of probation, the district or magistrate court may require the defendant to pay a fee of not less than fifteen dollars ($15.00) nor more than fifty dollars ($50.00) per month to the county for a public probation program for the term of the defendant's probation. Money collected by the county pursuant to this subsection shall be used only to operate the misdemeanor compliance program. History: Laws 2000, ch. 49, § 1; 2013, ch. 104, § 1. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, increased the cost to defendants for probation; and in Subsection B, in the first sentence, after "nor more than", deleted "thirty dollars ($30.00)" and added "fifty dollars ($50.00)" and in the second sentence, after "collected by the county", added "for a public probation program".
NM Stat § 31-20-7 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20 - Sentencing|Section 31-20-7 - Repealed.

ANNOTATIONSRepeals. — Laws 1985, ch. 75, § 3 repealed 31-20-7 NMSA 1978, as amended by Laws 1977, ch. 216, § 16, relating to the length of period of deferment or suspension of sentence, effective April 1, 1985. Compiler's notes. — Laws 1993, ch. 283, § 2 enacted a new 31-20-7 NMSA 1978. That section was compiled as 31-20-13 NMSA 1978 in order to avoid confusion with repealed Section 31-20-7 NMSA 1978, which has been construed or cited in a number of New Mexico decisions.
NM Stat § 31-20-10 (2021)
2021 New Mexico Statutes|Chapter 31 - Criminal Procedure|Article 20 - Sentencing|Section 31-20-10 - Character of order.

An order deferring or suspending sentence for the purposes of appeal shall be deemed a final judgment. History: 1953 Comp., § 40A-29-23, enacted by Laws 1963, ch. 303, § 29-23; and recompiled as 1953 Comp., § 40A-29-46, by Laws 1977, ch. 216, § 16. ANNOTATIONSPrior conviction, not prior sentence, is dispositive for repeat offender status. — Where defendant was convicted of drug charges in New Mexico; the New Mexico court deferred defendant's sentence for a two-year probationary period; the deferred sentence was a final judgment subject to appeal; and after defendant successfully completed the probation, defendant was entitled to have the New Mexico charges dismissed, the deferred sentence was a prior conviction for purposes of sentence enhancement. United States v. Meraz, 998 F.2d 182 (10th Cir. 1993). It is solely within province of legislature to establish penalties for criminal behavior. State v. Lack, 1982-NMCA-111, 98 N.M. 500, 650 P.2d 22, cert. denied, 98 N.M. 478, 649 P.2d 1391. Am. Jur. 2d, A.L.R. and C.J.S. references. — Reduction by appellate court of punishment imposed by trial court, 29 A.L.R. 313, 89 A.L.R. 295. Acceptance of probation, parole or suspension of sentence as waiver of error or right to appeal or to move for new trial, 117 A.L.R. 929. Appealability of order suspending imposition or execution of sentence, 51 A.L.R.4th 939.