46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO THE PUNISHMENT OF DEATH; PROVIDING FOR ADDITIONAL MANNERS BY WHICH THE PUNISHMENT OF DEATH IS INFLICTED; PERMITTING THE DEFENDANT TO CHOOSE THE MANNER; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 31-14-11 NMSA 1978 (being Laws 1955, Chapter 127, Section 1, as amended) is amended to read:

"31-14-11. PUNISHMENT OF DEATH--HOW INFLICTED.--

A. The manner of inflicting punishment of death shall be by:

(1) administration of a continuous, intravenous injection of a lethal quantity of an ultra-short-acting barbiturate in combination with a chemical paralytic agent;

(2) hanging;

(3) firing squad;

(4) lethal gas; or

(5) electrocution.

B. The defendant may, within sixty days after being delivered to the warden of the state penitentiary at Santa Fe, select the manner by which his punishment of death shall be inflicted. If the defendant fails to select the manner of death, the punishment of death shall be inflicted by lethal injection as described in Paragraph (1) of Subsection A of this section."