HOUSE BILL 28

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Thomas C. Taylor

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING THAT THE STATUTE OF LIMITATIONS FOR COMMENCING PROSECUTION FOR CRIMINAL SEXUAL PENETRATION SHALL BEGIN TO RUN ANEW AFTER A SUBSEQUENT CRIMINAL SEXUAL PENETRATION IS COMMITTED.

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

     SECTION 1. Section 30-1-8 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-8, as amended) is amended to read:

     "30-1-8. TIME LIMITATIONS FOR COMMENCING PROSECUTION.--A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed within the time as provided:

          A. for a second degree felony, within six years from the time the crime was committed;

          B. for a third or fourth degree felony, within five years from the time the crime was committed;

          C. for a misdemeanor, within two years from the time the crime was committed;

          D. for a petty misdemeanor, within one year from the time the crime was committed;

          E. for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;

          F. for a felony pursuant to Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978, within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred;

          G. for a felony pursuant to Section 30-9-11 NMSA 1978 that is not a first degree violent felony, within six years from the time the crime was committed; provided that for more than one offense pursuant to Section 30-9-11 NMSA 1978, the time limitation shall begin to run anew after each subsequent offense is committed;

          [G.] H. for an identity theft crime pursuant to Section 30-16-24.1 NMSA 1978, within five years from the time the crime was discovered;

          [H.] I. for any crime not contained in the Criminal Code or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and

          [I.] J. for a capital felony or a first degree violent felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime."

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