SENATE BILL 687

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

INTRODUCED BY

Richard C. Martinez

AN ACT

RELATING TO CRIMINAL OFFENSES; CREATING THE CRIMES OF ASSAULT AND BATTERY UPON A SPORTS COACH; ESTABLISHING PENALTIES.

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

     Section 1. A new section of Chapter 30, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ASSAULT--BATTERY--SPORTS COACHES.--

          A. As used in this section:

                (1) "in the lawful discharge of the sports coach's duties" means engaged in the performance of the duties of a sports coach; and

                (2) "sports coach" means a person who serves as a coach, assistant coach, instructor, manager or trainer, or who serves in a similar capacity, while working with, supervising or administering to a sports team or individual athlete in a formally organized sports association.

          B. Assault upon a sports coach consists of:

                (1) an attempt to commit a battery upon the person of a sports coach while the sports coach is in the lawful discharge of the sports coach's duties; or

                (2) any unlawful act, threat or menacing conduct that causes a sports coach while the sports coach is in the lawful discharge of the sports coach's duties to reasonably believe that the sports coach is in danger of receiving an immediate battery.

          C. Whoever commits assault upon a sports coach is guilty of a misdemeanor.

          D. Aggravated assault upon a sports coach consists of unlawfully assaulting or striking at a sports coach with a deadly weapon while the sports coach is in the lawful discharge of the sports coach's duties.

          E. Whoever commits aggravated assault upon a sports coach is guilty of a third degree felony.

          F. Battery upon a sports coach is the unlawful, intentional touching or application of force to the person of a sports coach while the sports coach is in the lawful discharge of the sports coach's duties, when done in a rude, insolent or angry manner.

          G. Whoever commits battery upon a sports coach is guilty of a misdemeanor.

          H. Aggravated battery upon a sports coach consists of the unlawful touching or application of force to the person of a sports coach with intent to injure the sports coach while the sports coach is in the lawful discharge of the sports coach's duties.

          I. Whoever commits aggravated battery upon a sports coach, inflicting an injury to the sports coach that 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 degree felony.

          J. Whoever commits aggravated battery upon a sports coach, 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 degree felony."

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