HABITUAL OFFENDER STATUTE OF LIMITATIONS

HB0074

HOUSE BILL 74

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; REMOVING THE TEN-YEAR
LIMITATION FROM THE DEFINITION OF "PRIOR FELONY CONVICTION" FOR
A HABITUAL OFFENDER.

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

SECTION 1.
Section 31-18-17 NMSA 1978 (being Laws 1977,
Chapter 216, Section 6, as amended) is amended to read:

"31-18-17. HABITUAL OFFENDERS--ALTERATION OF BASIC
SENTENCE.--

A. A person convicted of a noncapital felony in
this state whether within the Criminal Code or the Controlled
Substances Act or not who has incurred one prior felony
conviction that was part of a separate transaction or
occurrence or conditional discharge under Section 31-20-13 NMSA
1978 is a habitual offender and [
his
]
the habitual offender's

basic sentence shall be increased by one year. The sentence
imposed pursuant to this subsection shall not be suspended or
deferred, unless the court makes a specific finding that the
prior felony conviction and the instant felony conviction are
both for nonviolent felony offenses and that justice will not
be served by imposing a mandatory sentence of imprisonment and
that there are substantial and compelling reasons, stated on
the record, for departing from the sentence imposed pursuant to
this subsection.

B. A person convicted of a noncapital felony in
this state whether within the Criminal Code or the Controlled
Substances Act or not who has incurred two prior felony
convictions that were parts of separate transactions or
occurrences or conditional discharge under Section 31-20-13
NMSA 1978 is a habitual offender and [
his
]
the habitual
offender's
basic sentence shall be increased by four years.
The sentence imposed by this subsection shall not be suspended
or deferred.

C. A person convicted of a noncapital felony in
this state whether within the Criminal Code or the Controlled
Substances Act or not who has incurred three or more prior
felony convictions that were parts of separate transactions or
occurrences or conditional discharge under Section 31-20-13
NMSA 1978 is a habitual offender and [
his
]
the habitual
offender's
basic sentence shall be increased by eight years.
The sentence imposed by this subsection shall not be suspended
or deferred.

D. As used in this section, "prior felony
conviction" means:

(1) a conviction [
when less than ten years
have passed prior to the instant felony conviction since the
person completed serving his sentence or period of probation or
parole for the prior felony, whichever is later
] for a prior
felony committed within New Mexico, whether within the Criminal
Code or not, but not including a conviction for a felony
pursuant to the provisions of Section 66-8-102 NMSA 1978; or

(2) a prior felony [
when less than ten years
have passed prior to the instant felony conviction since the
person completed serving his sentence or period of probation or
parole for the prior felony, whichever is later
] for which the
person was convicted other than an offense triable by court
martial if:

(a) the conviction was rendered by a
court of another state, the United States, a territory of the
United States or the commonwealth of Puerto Rico;

(b) the offense was punishable, at the
time of conviction, by death or a maximum term of imprisonment
of more than one year; or

(c) the offense would have been
classified as a felony in this state at the time of conviction.

E. As used in this section, "nonviolent felony
offense" means application of force, threatened use of force or
a deadly weapon was not used by the offender in the commission
of the offense."

- 4 -