SENATE BILL 126

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

INTRODUCED BY

Peter Wirth

AN ACT

RELATING TO CRIMINAL LAW; PROHIBITING INTIMIDATION OF A JUDGE; 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 JUDGE--RETALIATION.--

          A. Intimidation of a judge consists of intimidating or threatening a judge or a staff or family member of a judge 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, finding, prosecution, investigation, testimony, report or sentence.

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

          C. A person who commits intimidation of a judge is guilty of a fourth degree felony.

          D. A person who commits retaliation against a judge is guilty of a fourth degree felony.

          E. As used in this section:

                (1) "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;

                (2) "judge" means a justice, a judge, a magistrate, a special commissioner or a hearing officer; and

                (3) "threatening" must include an overt act.

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