HB 146

                                1  HOUSE BILL 146
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Nicole Chavez and Andrea Reeb and Art De La Cruz
                                5  and Joy Garratt
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO CRIME; INCREASING THE PENALTY FOR A FELON IN
                                12   POSSESSION OF A FIREARM OR DESTRUCTIVE DEVICE TO FIVE YEARS
                                13   IMPRISONMENT; ADDING A NEW CRIME OF FELON IN POSSESSION OF A
                                14   FIREARM OR DESTRUCTIVE DEVICE FOR A SECOND OR SUBSEQUENT
                                15   OFFENSE AND ADDING A NEW PENALTY OF NINE YEARS IMPRISONMENT.
                                16
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                                17   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                18        SECTION 1.    Section 30-7-16 NMSA 1978 (being Laws 1981,
                                19   Chapter 225, Section 1, as amended) is amended to read:
                                20        "30-7-16.    FIREARMS OR DESTRUCTIVE DEVICES--RECEIPT,
                                21   TRANSPORTATION OR POSSESSION BY CERTAIN PERSONS--PENALTY.--
                                22  A.   It is unlawful for the following persons to
                                23   receive, transport or possess a firearm or destructive device
                                24   in this state:
                                25  (1)   a felon;
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                                1  (2)    a person subject to an order of protection
                                2    pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978; or
                                3  (3)    a person convicted of any of the following
                                4    crimes:
                                5  (a)   battery against a household member
                                6    pursuant to Section 30-3-15 NMSA 1978;
                                7  (b)   criminal damage to property of a
                                8    household member pursuant to Section 30-3-18 NMSA 1978;
                                9  (c)   a first offense of stalking pursuant
                                10   to Section 30-3A-3 NMSA 1978; or
                                11  (d)   a crime listed in 18 U.S.C. 921.
                                12  B.   A felon [found in possession of] who receives,
                                13   transports or possesses a firearm [shall be] or destructive
                                14   device is guilty of a third degree felony for possession of a
                                15   firearm or destructive device by a felon.
                                16  C.   A felon found in possession of a firearm or
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                                17   destructive device for a second or subsequent offense is guilty
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                                18   of a second degree felony.
                                19  [C.] D.     A serious violent felon [that is found to
                                20   be in possession of] who receives, transports or possesses a
                                21   firearm [shall be] or destructive device is guilty of a [third]
                                22   second degree felony and [notwithstanding the provisions of
                                23   Section 31-18-15 NMSA 1978, shall be sentenced to a basic term
                                24   of six years imprisonment] shall be sentenced pursuant to the
                                25   provisions of Section 31-18-15 NMSA 1978; provided that a court
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                                1    shall not suspend or defer one-third of the basic sentence of
                                2    imprisonment.
                                3  [D.] E.     Any person subject to an order of
                                4    protection pursuant to Section 40-13-5 or 40-13A-5 NMSA 1978 or
                                5    convicted of a crime listed in Paragraph (3) of Subsection A of
                                6    this section who receives, transports or possesses a firearm or
                                7    destructive device is guilty of a misdemeanor.
                                8  [E.] F.     As used in this section:
                                9  (1)    except as provided in Paragraph (2) of
                                10   this subsection, "destructive device" means:
                                11  (a)   any explosive, incendiary or poison
                                12   gas:   1) bomb; 2) grenade; 3) rocket having a propellant charge
                                13   of more than four ounces; 4) missile having an explosive or
                                14   incendiary charge of more than one-fourth ounce; 5) mine; or 6)
                                15   similar device;
                                16  (b)   any type of weapon by whatever name
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                                17   known that will, or that may be readily converted to, expel a
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                                18   projectile by the action of an explosive or other propellant,
                                19   the barrel or barrels of which have a bore of more than one-
                                20   half inch in diameter, except a shotgun or shotgun shell that
                                21   is generally recognized as particularly suitable for sporting
                                22   purposes; or
                                23  (c)   any combination of parts either
                                24   designed or intended for use in converting any device into a
                                25   destructive device as defined in this paragraph and from which
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                                1    a destructive device may be readily assembled;
                                2  (2)   the term "destructive device" does not
                                3    include any device that is neither designed nor redesigned for
                                4    use as a weapon or any device, although originally designed for
                                5    use as a weapon, that is redesigned for use as a signaling,
                                6    pyrotechnic, line throwing, safety or similar device;
                                7  (3)   "felon" means a person convicted of a
                                8    felony offense by a court of the United States or of any state
                                9    or political subdivision thereof and:
                                10  (a)   less than ten years have passed
                                11   since the person completed serving a sentence or period of
                                12   probation for the felony conviction, whichever is later;
                                13  (b)   the person has not been pardoned for
                                14   the felony conviction by the proper authority; and
                                15  (c)   the person has not received a
                                16   deferred sentence or completed the total term of deferment as
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                                17   provided in Section 31-20-9 NMSA 1978;
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                                18  (4)   "firearm" means any weapon that will or is
                                19   designed to or may readily be converted to expel a projectile
                                20   by the action of an explosion or the frame or receiver of any
                                21   such weapon; and
                                22  (5)   "serious violent felon" means a person
                                23   convicted of an offense enumerated in Subparagraphs (a) through
                                24   (n) of Paragraph (4) of Subsection [L] N of Section 33-2-34
                                25   NMSA 1978; provided that:
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                                1  (a)   less than ten years have passed
                                2    since the person completed serving a sentence or a period of
                                3    probation for the felony conviction, whichever is later;
                                4  (b)   the person has not been pardoned for
                                5    the felony conviction by the proper authority; and
                                6  (c)   the person has not received a
                                7    deferred sentence and completed the total term of deferment as
                                8    provided in Section 31-20-9 NMSA 1978."
                                9  SECTION 2.     Section 31-18-15 NMSA 1978 (being Laws 1977,
                                10   Chapter 216, Section 4, as amended) is amended to read:
                                11        "31-18-15.     SENTENCING AUTHORITY--NONCAPITAL FELONIES--
                                12   BASIC SENTENCES AND FINES--PAROLE AUTHORITY--MERITORIOUS
                                13   DEDUCTIONS.--
                                14  A.   As used in a statute that establishes a
                                15   noncapital felony, the following defined felony classifications
                                16   and associated basic sentences of imprisonment are as follows:
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                                17   FELONY CLASSIFICATION  BASIC SENTENCE
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                                18   first degree felony
                                19   resulting in the death
                                20   of a child  life imprisonment
                                21   first degree felony for
                                22   aggravated criminal sexual
                                23   penetration  life imprisonment
                                24   first degree felony  eighteen years
                                25  imprisonment
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                                1    second degree felony
                                2    resulting in the death of
                                3    a human being  eighteen years
                                4  imprisonment
                                5    second degree felony for a
                                6    sexual offense against a
                                7    child  fifteen years
                                8  imprisonment
                                9    second degree felony for
                                10   sexual exploitation of
                                11   children  twelve years imprisonment
                                12   second degree felony  nine years imprisonment
                                13   third degree felony resulting
                                14   in the death of a human being  six years imprisonment
                                15   third degree felony for a
                                16   sexual offense against a
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                                17   child  six years imprisonment
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                                18   third degree felony for sexual
                                19   exploitation of children  eleven years imprisonment
                                20   third degree felony for
                                21   possession of a firearm
                                22   or destructive device by a felon        five years imprisonment
                                23   third degree felony  three years imprisonment
                                24   fourth degree felony for
                                25   sexual exploitation of
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                                1    children  ten years imprisonment
                                2    fourth degree felony  eighteen months
                                3  imprisonment.
                                4  B.   The appropriate basic sentence of imprisonment
                                5    shall be imposed upon a person convicted and sentenced pursuant
                                6    to Subsection A of this section, unless the court alters the
                                7    sentence pursuant to the provisions of the Criminal Sentencing
                                8    Act.
                                9  C.   A period of parole shall be imposed only for
                                10   felony convictions wherein a person is sentenced to
                                11   imprisonment of more than one year, unless the parties to a
                                12   proceeding agree that a period of parole should be imposed.        If
                                13   a period of parole is imposed, the court shall include in the
                                14   judgment and sentence of each person convicted and sentenced to
                                15   imprisonment in a corrections facility designated by the
                                16   corrections department authority for a period of parole to be
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                                17   served in accordance with the provisions of Section 31-21-10
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                                18   NMSA 1978.    If imposed, the period of parole shall be deemed to
                                19   be part of the sentence of the convicted person in addition to
                                20   the basic sentence imposed pursuant to Subsection A of this
                                21   section together with alterations, if any, pursuant to the
                                22   provisions of the Criminal Sentencing Act.
                                23  D.   When a court imposes a sentence of imprisonment
                                24   pursuant to the provisions of Section 31-18-15.1, 31-18-16 or
                                25   31-18-17 NMSA 1978 and suspends or defers the basic sentence of
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                                1    imprisonment provided pursuant to the provisions of Subsection
                                2    A of this section, the period of parole shall be served in
                                3    accordance with the provisions of Section 31-21-10 NMSA 1978
                                4    for the degree of felony for the basic sentence for which the
                                5    inmate was convicted.     For the purpose of designating a period
                                6    of parole, a court shall not consider that the basic sentence
                                7    of imprisonment was suspended or deferred and that the inmate
                                8    served a period of imprisonment pursuant to the provisions of
                                9    the Criminal Sentencing Act.
                                10  E.   The court may, in addition to the imposition
                                11   of a basic sentence of imprisonment, impose a fine not to
                                12   exceed:
                                13  (1)   for a first degree felony resulting in the
                                14   death of a child, seventeen thousand five hundred dollars
                                15   ($17,500);
                                16  (2)   for a first degree felony for aggravated
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                                17   criminal sexual penetration, seventeen thousand five hundred
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                                18   dollars ($17,500);
                                19  (3)   for a first degree felony, fifteen
                                20   thousand dollars ($15,000);
                                21  (4)   for a second degree felony resulting in
                                22   the death of a human being, twelve thousand five hundred
                                23   dollars ($12,500);
                                24  (5)   for a second degree felony for a sexual
                                25   offense against a child, twelve thousand five hundred dollars
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                                1    ($12,500);
                                2  (6)    for a second degree felony for sexual
                                3    exploitation of children, five thousand dollars ($5,000);
                                4  (7)    for a second degree felony, ten thousand
                                5    dollars ($10,000);
                                6  (8)    for a third degree felony resulting in the
                                7    death of a human being, five thousand dollars ($5,000);
                                8  (9)    for a third degree felony for a sexual
                                9    offense against a child, five thousand dollars ($5,000);
                                10  (10)   for a third degree felony for sexual
                                11   exploitation of children, five thousand dollars ($5,000);
                                12  (11)   for a third or fourth degree felony, five
                                13   thousand dollars ($5,000); or
                                14  (12)   for a fourth degree felony for sexual
                                15   exploitation of children, five thousand dollars ($5,000).
                                16  F.   When the court imposes a sentence of
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                                17   imprisonment for a felony offense, the court shall indicate
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                                18   whether or not the offense is a serious violent offense as
                                19   defined in Section 33-2-34 NMSA 1978.      The court shall inform
                                20   an offender that the offender's sentence of imprisonment is
                                21   subject to the provisions of Sections 33-2-34, 33-2-36, 33-2-37
                                22   and 33-2-38 NMSA 1978.      If the court fails to inform an
                                23   offender that the offender's sentence is subject to those
                                24   provisions or if the court provides the offender with erroneous
                                25   information regarding those provisions, the failure to inform
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                                1    or the error shall not provide a basis for a writ of habeas
                                2    corpus.
                                3  G.   No later than October 31 of each year, the New
                                4    Mexico sentencing commission shall provide a written report to
                                5    the secretary of corrections, all New Mexico criminal court
                                6    judges, the administrative office of the district attorneys and
                                7    the chief public defender.     The report shall specify the
                                8    average reduction in the sentence of imprisonment for serious
                                9    violent offenses and nonviolent offenses, as defined in Section
                                10   33-2-34 NMSA 1978, due to meritorious deductions earned by
                                11   prisoners during the previous fiscal year pursuant to the
                                12   provisions of Sections 33-2-34, 33-2-36, 33-2-37 and 33-2-38
                                13   NMSA 1978.    The corrections department shall allow the
                                14   commission access to documents used by the department to
                                15   determine earned meritorious deductions for prisoners."
                                16        SECTION 3.     EFFECTIVE DATE.--The effective date of the
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                                17   provisions of this act is July 1, 2026.
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