FORTY-EIGHTH LEGISLATUREHB 190/a
FIRST SESSION, 2007
March 2, 2007
Madam President:
Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
HOUSE BILL 190
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. On page 4, line 25, strike "unencumbered" and insert in lieu thereof "enumerated".
2. On page 5, between lines 4 and 5, insert the following new section:
"Section 4. 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] defendant, with the deliberate intent to kill, murdered a peace officer who was acting in the lawful discharge of an official duty when [he] the peace officer was murdered;
B. the murder was committed with the deliberate 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 deliberate 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 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, with the deliberate intent to kill, was committed for hire; [and]
G. the capital felony, with the deliberate intent to kill, 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 defendant, with the deliberate intent to kill, murdered a child less than thirteen years of age."".
I. the defendant, with the deliberate intent to kill, murdered two or more people in a single incident;
J. the defendant, with the deliberate intent to kill, murdered a person because of that person's present or former status as a peace officer or employee of the corrections department; and
K. the defendant, with the deliberate intent to kill, committed a murder in a heinous manner."".
3. Renumber the succeeding sections accordingly.,
and thence referred to the JUDICIARY COMMITTEE.
Respectfully submitted,
__________________________________
Dede Feldman, Chairman
Adopted_______________________ Not Adopted_______________________
(Chief Clerk) (Chief Clerk)
Date ________________________
The roll call vote was 6 For 1 Against
Yes: 6
No: Neville
Excused: Ingle, Kernan
Absent: None
HB0190PA1 .169044.2