INCREASE ALTERATION OF FIREARM CRIME SENTENCE

SB0160

SENATE BILL 160

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

INTRODUCED BY

Antonio Maestas

AN ACT

RELATING TO CRIMINAL SENTENCING; INCREASING THE ALTERATION OF A
BASIC SENTENCE FOR THE USE, BRANDISHING OR DISCHARGE OF A
FIREARM.

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

SECTION 1.
Section 31-18-16 NMSA 1978 (being Laws 1977,
Chapter 216, Section 5, as amended) is amended to read:

"31-18-16. USE, BRANDISHING OR DISCHARGE OF FIREARM--ALTERATION OF BASIC SENTENCE--SUSPENSION AND DEFERRAL
LIMITED.--

A. When a separate finding of fact by the court or
jury shows that a firearm was used in relation to a drug
transaction or during the commission of aggravated burglary
pursuant to Section 30-16-4 NMSA 1978 or a serious violent
offense, the basic sentence of imprisonment prescribed for the
offense in Section 31-18-15 NMSA 1978 shall be increased by
[
one year
]
two years
, except that when the offender is a
serious youthful offender or a youthful offender who received
an adult sentence, the sentence imposed by this subsection may
be increased by one year.

B. When a separate finding of fact by the court or
jury shows that a firearm was brandished in the commission of a
noncapital felony, the basic sentence of imprisonment
prescribed for the offense in Section 31-18-15 NMSA 1978 shall
be increased by [
three
]
six
years, except that when the
offender is a serious youthful offender or a youthful offender
that received an adult sentence, the sentence imposed by this
subsection may be increased by one year.

C. When a separate finding of fact by the court or
jury shows that a firearm was discharged in the commission of a
noncapital felony, the basic sentence of imprisonment
prescribed for the offense in Section 31-18-15 NMSA 1978 shall
be increased by [
five
]
ten
years, except that when the offender
is a serious youthful offender or a youthful offender who
received an adult sentence, the sentence imposed by this
subsection may be increased by three years.

D. For a second or subsequent offense, when a
separate finding of fact by the court or jury shows that a
firearm was used, brandished, or discharged in relation to a
drug transaction or during the commission of aggravated
burglary pursuant to Section 30-16-4 NMSA 1978 or a serious
violent offense, the sentence shall be increased by [
five
]
ten

years, except that when the offender is a serious youthful
offender or a youthful offender, the sentence imposed by this
section may be increased by three years.

E. If the case is tried before a jury and if a
prima facie case has been established showing that a firearm
was used, brandished or discharged in relation to a drug
transaction or during the commission of aggravated burglary
pursuant to Section 30-16-4 NMSA 1978 or a serious violent
offense, the court shall submit the issue to the jury by
special interrogatory. If the case is tried by the court, the
court shall decide the issue and shall make a separate finding
of fact thereon.

F. When a separate finding of fact by the court or
jury shows that a firearm was used, brandished or discharged in
relation to a drug transaction or during the commission of
aggravated burglary pursuant to Section 30-16-4 NMSA 1978 or a
serious violent offense, the firearm is subject to seizure and
forfeiture as an instrumentality pursuant to the provisions of
the Forfeiture Act.

G. As used in this section:

(1) "brandished" means displaying or making a
firearm known to another person while the firearm is present on
the person of the offending party with intent to intimidate or
injure a person;

(2) "in relation to a drug transaction" means
participating or attempting to participate in the trafficking
of a controlled substance pursuant to Section 30-31-20 NMSA
1978, distribution of a controlled substance to a minor
pursuant to Section 30-31-21 NMSA 1978 or distribution of a
controlled or counterfeit substance pursuant to Section
30-31-22 NMSA 1978 as a seller, purported seller or as an
accomplice; and

(3) "serious violent offense" means an offense
enumerated in Subparagraphs (a) through (n) of Paragraph (4) of
Subsection [
L
]
N
of Section 33-2-34 NMSA 1978."

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