HOUSE BILL 238
56th legislature - STATE OF NEW MEXICO - first session, 2023
Joy Garratt and Martin Hickey and Yanira Gurrola
RELATING TO CRIME; MAKING IT UNLAWFUL TO DISCHARGE A FIREARM IN A DENSELY POPULATED AREA; PROVIDING AN EXCEPTION; PROVIDING A PENALTY.
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] UNLAWFUL DISCHARGE OF A FIREARM IN A DENSELY POPULATED AREA.--
A. Unlawful discharge of a firearm in a densely populated area consists of discharging a firearm while in a densely populated area.
B. The provisions of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of the person's employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of the person's office or employment.
C. The exceptions from criminal liability provided in Subsection B of this section shall not preclude or affect civil liability for the same conduct.
D. Whoever commits unlawful discharge of a firearm in a densely populated area is guilty of a fourth degree felony."
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