HOUSE BILL 28

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO CRIMINAL LAW; PROHIBITING INTIMIDATION OF A CRIMINAL JUSTICE OFFICIAL; PROHIBITING RETALIATION; PROVIDING PENALTIES.

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

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] INTIMIDATION OF A CRIMINAL JUSTICE OFFICIAL--RETALIATION.--

          A. Intimidation of a criminal justice official consists of intimidating or threatening a criminal justice official or a staff or family member of a criminal justice official who is or may become involved in a judicial, administrative, legislative or other official cause or proceeding for the purpose of preventing or influencing a ruling, prosecution, investigation, testimony, report or sentence.

          B. Retaliation against a criminal justice official consists of causing bodily injury to or damage to the property of a criminal justice official or a staff or family member of a criminal justice official, or threatening to do so, with the intent to retaliate against the criminal justice official for a ruling, prosecution, investigation, testimony, report or sentence.

          C. A person who commits intimidation of a criminal justice official is guilty of a third degree felony.

          D. A person who commits retaliation against a criminal justice official is guilty of a second degree felony.

          E. As used in this section:

                (1) "criminal justice official" means a justice, a judge, a magistrate, a special commissioner, a hearing officer, a district attorney, a deputy district attorney, an assistant district attorney, a senior trial prosecutor, a chief public defender, a district public defender, an assistant public defender, the attorney general, a deputy attorney general, an assistant attorney general, a law enforcement officer or a probation and parole officer or an attorney if the intimidation or retaliation arose out of that attorney's representation of a defendant in a criminal action; and

                (2) "family member" means a person who is a husband or wife, parent or grandparent, child or grandchild or brother or sister by consanguinity or affinity."

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