SENATE BILL 341

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Jay C. Block

 

 

 

 

 

AN ACT

RELATING TO CRIMINAL SENTENCING; PROVIDING FOR THE DEATH PENALTY IN CERTAIN CIRCUMSTANCES; PROVIDING A PROCESS; PROVIDING FOR APPEALS.

 

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

     SECTION 1. A new section of Chapter 31, Article 20A NMSA 1978 is enacted to read:

     "[NEW MATERIAL] DEATH PENALTY IN CERTAIN CIRCUMSTANCES.--

          A. A person convicted of causing the death of a child pursuant to Section 30-6-1 NMSA 1978 shall be sentenced to death if the neglect or abuse was willful and intentional.

          B. A person convicted of causing the death of a child while committing a felony pursuant to the Controlled Substances Act shall be sentenced to death.

          C. A person convicted of causing the death of a law enforcement officer while committing a felony shall be sentenced to death. A person convicted for any related acts that led to the death of the law enforcement officer shall be sentenced to death.

          D. In cases pursuant to this section where mitigating circumstances exist, the court may impose a lesser sentence, but not less than life imprisonment without the possibility of parole.

          E. The following factors may be considered as aggravating circumstances warranting the death penalty:

                (1) prior convictions for child neglect or abuse;

                (2) prior intervention by the children, youth and families department and plans or commitments required by the department that the defendant failed to follow;

                (3) the degree of suffering inflicted upon a child;

                (4) the age of a child;

                (5) any premeditation or planning involved in an act;

                (6) prior criminal history involving a serious violent offense;

                (7) killing multiple victims;

                (8) endangering the lives of others in the community; or

                (9) membership in a gang or cartel.

          F. A person charged under this section shall be afforded full due process rights, including the right to legal representation and a fair trial.

          G. A separate hearing shall be held to determine whether the death penalty is justified. The jury must be unanimous to sentence a person to death.

          H. A defendant is required to establish mitigating circumstances by a preponderance of evidence.

          I. Convictions resulting in the death penalty shall be automatically appealed to the supreme court to ensure a thorough review of the case. The supreme court shall review the application of the death penalty and any procedural errors during the trial."

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