45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO CAPITAL FELONY SENTENCING; EXPANDING THE LIST OF AGGRAVATING CIRCUMSTANCES CONSIDERED IN A CAPITAL FELONY CASE.
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 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 in
the commission of or attempt to commit [kidnaping] kidnapping,
criminal sexual contact of a minor or criminal sexual
penetration;
C. the murder was committed with the intent to kill by the defendant 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 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] section, "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 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 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;
H. the victim was a child under the age of thirteen; and
I. the defendant, with the intent to kill, murdered two or more people in a single incident and in a heinous manner."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.