NM HB75

Amends Section 31-18-15.1 NMSA 1978 to require judges to find mitigating circumstances by "clear and convincing evidence" rather than by a preponderance of evidence when reducing a basic sentence

Maintains the existing "beyond a reasonable doubt" standard for finding aggravating circumstances that increase sentences, which can be determined by either a jury or judge

Preserves the right of offenders who waive jury trial to still have a jury determine aggravating circumstances, or to waive that right and have the judge decide

Excludes firearm use, prior felony convictions, hate crime motivation, and essential elements of the offense from being considered as aggravating circumstances

Limits sentence alterations for noncapital felonies to no more than one-third of the basic sentence, except for serious youthful offenders or youthful offenders who may receive reductions greater than one-third