HB 155 THREE STRIKES LAW

Rep William Rehm

Actions: [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 155 (HB 155) adds 12 crimes to the "three strikes law" which imposing mandatory life imprisonment without the possibility of parole. It provides for exceptions to allow for geriatric or medical parole and allows certain convictions of a defendant who was under the age of eighteen to constitute a violent felony.   

 House Bill 155 (HB 155) amends the “three strikes” law which imposes a mandatory sentence of life imprisonment without the possibility of parole for a defendant who was convicted of three violent felonies.  

First, the bill includes in the “three strikes” law a conviction by a person under 18 if that person was sentenced as an adult in New Mexico or as an adult in another state. 

Second, HB 155 adds 12 crimes to what constitutes a “violent felony” for purposes of the three strikes law.  It adds voluntary manslaughter; involuntary manslaughter; aggravated battery; shooting at a dwelling or occupied building resulting in great bodily harm; certain types of child abuse that lead to great bodily harm or death; aggravated arson; aggravated battery upon a peace officer; and homicide by vehicle or great bodily harm by vehicle under certain circumstances, including injury to a pregnant woman. It removes the requirement that the crime of armed robbery result in great bodily harm. 

Third, HB 155 allows the parole board to grant geriatric or medical parole for someone sentenced under the three strikes law. However, the parolee will be subject to parole for the rest of their life. 

The bill applies to persons convicted of any of these listed violent felonies on, before or after 2024 for purposes of determining sentencing enhancements for subsequent convictions after July 1, 2024.

HB 155 is effective July 1, 2024.   
 

 Currently, the three strikes law does apply to minors under 18 who committed a violent offense.  The law does not allow the parole board to grant geriatric or medical parole on those serving a life sentence pursuant to the three-strikes law.