SENATE BILL 818

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Stuart Ingle

AN ACT

RELATING TO CRIMINAL LAW; REDEFINING "DEADLY WEAPON" TO INCLUDE A STUN GUN; AMENDING A SECTION OF THE CRIMINAL CODE.

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

     Section 1. Section 30-1-12 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-13) is amended to read:

     "30-1-12. DEFINITIONS.--As used in the Criminal Code:

          A. "great bodily harm" means an injury to the person which creates a high probability of death, [or which] causes serious disfigurement or [which] results in permanent or protracted loss or impairment of the function of any member or organ of the body;

          B. "deadly weapon" means any firearm, whether loaded or unloaded; [or] any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given or with which dangerous thrusts can be inflicted, including swordcanes and any kind of sharp pointed canes, [also] slingshots, slung shots and bludgeons; a stun gun, which is an electroshock device capable of projecting or administering an electric shock that can temporarily stun or incapacitate a person; or any other weapons with which dangerous wounds can be inflicted;

          C. "peace officer" means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes;

          D. "another" or "other" means any other human being or legal entity, whether incorporated or unincorporated, including the United States, the state [of New Mexico] or any subdivision [thereof] of the state;

          E. "person" means any human being or legal entity, whether incorporated or unincorporated, including the United States, the state [of New Mexico] or any subdivision [thereof] of the state;

          F. "anything of value" means any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term "property";

          G. "official proceeding" means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any proceeding;

          H. "lawful custody or confinement" means the holding of any person pursuant to lawful authority, including without limitation actual or constructive custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch;

          I. "public officer" means any elected or appointed officer of the state or any of its political subdivisions, [and] whether or not he receives remuneration for his services; and

          J. "public employee" means any person receiving remuneration for regular services rendered to the state or any of its political subdivisions."

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