45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CRIMINAL LAW; INCREASING THE PENALTIES FOR AGGRAVATED BATTERY UPON A PEACE OFFICER; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 30-22-25 NMSA 1978 (being Laws 1971, Chapter 265, Section 5) is amended to read:

"30-22-25. AGGRAVATED BATTERY UPON PEACE OFFICER.--

A. Aggravated battery upon a peace officer consists of the unlawful touching or application of force to the person of a peace officer with intent to injure that peace officer while he is in the lawful discharge of his duties.

B. Whoever commits aggravated battery upon a peace officer, inflicting an injury to the peace officer which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a [fourth] third degree felony.

C. Whoever commits aggravated battery upon a peace officer inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a [third] second degree felony."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.