SENTENCE DEFERMENT FOR REPEAT OFFENDER

HB0073

HOUSE BILL 73

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Andrea Reeb
and
Luis M. Terrazas
and
Nicole Chavez

AN ACT

RELATING TO CRIMINAL SENTENCING; PROVIDING THAT A COURT MAY
DEFER OR SUSPEND NO MORE THAN TWO-THIRDS OF THE BASIC SENTENCE
FOR A CONVICTION OF A SECOND OR THIRD DEGREE FELONY OFFENSE IF
THE DEFENDANT WAS PREVIOUSLY CONVICTED OF ANY FELONY OFFENSE;
MAKING CONFORMING AMENDMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 31-20-3 NMSA 1978 (being Laws 1963,
Chapter 303, Section 29-15, as amended) is amended to read:

"31-20-3. ORDER DEFERRING OR SUSPENDING SENTENCE--DIAGNOSTIC COMMITMENT.--

A. Except as provided in Subsection B of this
section
, upon [
entry of
]
entering
a judgment of conviction of
any crime not constituting a capital or first degree felony,
[
any
]
a
court [
having jurisdiction when it is
] satisfied that
the ends of justice and the best [
interest
]
interests
of the
public [
as well as
]
and
the defendant will be served [
thereby
]
may either:

[
A.
]
(1)
enter an order deferring the
imposition of
the basic
sentence;

[
B.
]
(2)
sentence the defendant and enter an
order suspending in whole or in part the execution of the
basic

sentence; or

[
C.
]
(3)
commit the convicted person, if
convicted of a felony and not committed for diagnostic purposes
within the twelve-month period immediately preceding that
conviction, to the [
department of
] corrections
department
for
an indeterminate period not to exceed sixty days for purposes
of diagnosis, with direction that the court be given a report
when the diagnosis is complete as to what disposition appears
best when the [
interest
]
interests
of the public and the
individual are evaluated.

B. Upon entering a judgment of conviction of a
second or third degree felony offense for a defendant who was
previously convicted of any felony offense, a court satisfied
that the ends of justice and the best interests of the public
and the defendant will be served may enter an order deferring
the imposition or suspending the execution of no more than two-thirds of the basic sentence for that second or third degree
felony offense; provided that the court may otherwise alter the
basic sentence based on mitigating or aggravating circumstances
as provided by law.
"

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