BASIC SENTENCE IN VIOLENT CRIMES

HB 547 would change sentencing rules for serious violent offenses in New Mexico. It requires judges to consider *only* aggravating circumstances (not mitigating ones) when determining sentence length for these crimes, and specifically prohibits using firearm use, prior convictions, hate crimes, or evidence of core offense elements as aggravating factors. Prosecutors must give defendants five days' notice before seeking a sentence increase based on aggravating circumstances, and any increase cannot exceed one-third of the standard sentence. This bill directly affects defendants convicted of serious violent offenses defined in state law, altering how judges adjust sentences beyond the baseline term. The bill was postponed indefinitely in June 2025.