0001|              SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002|                           SENATE BILL 774
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                                   
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0005|     
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0006|     
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0007|                                   
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0008|     
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0009|                                   
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0010|     
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0011|                                AN ACT
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0012|     RELATING TO CRIMINAL SENTENCING; INCREASING PENALTIES FOR
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0013|     BRIBERY OR INTIMIDATION OF A WITNESS OR RETALIATION AGAINST A
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0014|     WITNESS; INCREASING PENALTIES FOR JURY TAMPERING; AMENDING A
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0015|     SECTION OF THE NMSA 1978.
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0016|     
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  Section 30-24-3 NMSA 1978 (being Laws 1963,
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0019|     Chapter 303, Section 24-3, as amended) is amended to read:
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0020|          "30-24-3.  BRIBERY OR INTIMIDATION OF A WITNESS--
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0021|     RETALIATION AGAINST A WITNESS.--
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0022|               A.  Bribery or intimidation of a witness consists of
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0023|     any person knowingly:
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0024|                    (1)  giving or offering to give anything of
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0025|     value to any witness or to any person likely to become a
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0001|     witness in any judicial, administrative, legislative or other
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0002|     official cause or proceeding to testify falsely or to abstain
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0003|     from testifying to any fact in such cause or proceeding; 
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0004|                    (2)  intimidating or threatening any witness or
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0005|     person likely to become a witness in any judicial,
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0006|     administrative, legislative or other official cause or
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0007|     proceeding for the purpose of preventing such individual from
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0008|     testifying to any fact, to abstain from testifying or to
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0009|     testify falsely; or
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0010|                    (3)  intimidating or threatening any person or
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0011|     giving or offering to give anything of value to any person with
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0012|     the intent to keep the person from truthfully reporting to a
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0013|     law enforcement officer or any agency of government that is
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0014|     responsible for enforcing criminal laws information relating to
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0015|     the commission or possible commission of a felony offense or a
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0016|     violation of conditions of probation, parole or release pending
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0017|     judicial proceedings.
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0018|               B.  Retaliation against a witness consists of any
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0019|     person knowingly engaging in conduct that causes bodily injury
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0020|     to another person or damage to the tangible property of another
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0021|     person, or threatening to do so, with the intent to retaliate
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0022|     against any person for any information relating to the
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0023|     commission or possible commission of a felony offense or a
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0024|     violation of conditions of probation, parole or release pending
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0025|     judicial proceedings given by a person to a law enforcement
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0001|     officer.
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0002|               C.  Whoever commits bribery or intimidation of a
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0003|     witness [or retaliation against a witness] is guilty of a [fourth]
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0004|     third degree felony.
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0005|               D.  Whoever commits retaliation against a witness is
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0006|     guilty of a second degree felony."
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0007|          Section 2.  Section 38-5-5 NMSA 1978 (being Laws 1969, 
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0008|     Chapter 222, Section 5, as amended) is amended to read:
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0009|          "38-5-5.  JURY TAMPERING--PENALTIES.--Jury tampering
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0010|     consists of:
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0011|               A.  the willful placing of names in a jury wheel or
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0012|     removal of the names other than in accordance with law;
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0013|               B.  the selection or drawing of jurors other than in
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0014|     accordance with law; 
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0015|               C.  the attempt to threaten, coerce or induce a trial
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0016|     juror to vote for a false verdict or a grand juror to vote for no
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0017|     indictment or for a false indictment; or
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0018|               D.  the threatening, coercing or inducing of a trial
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0019|     juror to vote for a false verdict or a grand juror to vote for no
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0020|     indictment or for a false indictment.
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0021|          Whoever violates the provisions of Subsection A or B of this
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0022|     section is guilty of a petty misdemeanor and shall be sentenced
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0023|     pursuant to the provisions of Section 31-19-1 NMSA 1978.  Whoever
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0024|     violates the provisions of Subsection C of this section is guilty
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0025|     of a [fourth] third degree felony and shall be sentenced pursuant
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0001|     to the provisions of Section 31-18-15 NMSA 1978.  Whoever violates
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0002|     the provisions of Subsection D of this section is guilty of a
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0003|     [third] second degree felony and shall be sentenced pursuant to
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0004|     the provisions of Section 31-18-15 NMSA 1978."
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0005|          Section 3.  EFFECTIVE DATE.--The effective date of the
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0006|     provisions of this act is July 1, 1997.
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0007|                                   
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