44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL SENTENCING; CHANGING THE ELEMENTS OF CERTAIN AGGRAVATING CIRCUMSTANCES CONSIDERED IN CAPITAL FELONY CASES; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 31-20A-5 NMSA 1978 (being Laws 1979, Chapter 150, Section 6, as amended) is amended to read:

"31-20A-5. AGGRAVATING CIRCUMSTANCES.--The aggravating circumstances to be considered by the sentencing court or jury pursuant to the provisions of Section 31-20A-2 NMSA 1978 are limited to the following:

A. [the victim was] the defendant, with the deliberate intent to kill, murdered a peace officer who was acting in the lawful discharge of an official duty when he was murdered;

B. [the murder was committed with intent to kill] the defendant, with the deliberate intent to kill, murdered a person in the commission of or attempt to commit [kidnaping]:

(1) kidnapping, when the conviction for kidnapping was based upon a finding by the court that the victim was held for ransom, that the victim was held as a hostage and confined against his will or that the victim was held as a shield and confined against his will;

(2) criminal sexual contact of a minor; or

(3) criminal sexual penetration;

C. [the murder was committed with the intent to kill by the defendant] the defendant, with the deliberate intent to kill, murdered a person while attempting to escape from a penal institution of New Mexico;

D. while incarcerated in a penal institution in New Mexico, the defendant, with the deliberate intent to kill, murdered a person who was at the time incarcerated in or lawfully on the premises of a penal institution in New Mexico. As used in this subsection, "penal institution" includes facilities under the jurisdiction of the corrections [and criminal rehabilitation] department and county and municipal jails;

E. while incarcerated in a penal institution in New Mexico, the defendant, with the deliberate intent to kill, murdered an employee of the corrections [and criminal rehabilitation] department;

F. the capital felony was committed for hire; and

G. [the capital felony was murder of] the defendant, with the deliberate intent to kill, murdered a witness to a crime or any person likely to become a witness to a crime, for the purpose of preventing report of the crime or testimony in any criminal proceeding or for retaliation for the victim having testified in any criminal proceeding."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.