HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 375

48th legislature - STATE OF NEW MEXICO - second session, 2008

AN ACT

RELATING TO CRIMINAL LAW; PROHIBITING INTIMIDATION OF A JUDICIAL OFFICIAL; PROHIBITING RETALIATION; PROVIDING PENALTIES.

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

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] INTIMIDATION OF A JUDICIAL OFFICIAL--RETALIATION.--

          A. Intimidation of a judicial official consists of intimidating or threatening a judicial official or a staff or family member of a judicial official who is or may become involved in a judicial, administrative, legislative or other official cause or proceeding for the purpose of preventing or influencing a judicial ruling, prosecution, representation, investigation, testimony, report or sentence.

          B. Retaliation against a judicial official consists of knowingly causing bodily injury to or intentional damage to the property of a judicial official or a staff or family member of a judicial official, or threatening to do so, with the intent to retaliate against the judicial official for a judicial ruling, prosecution, representation, investigation, testimony, report or sentence.

          C. A person who commits intimidation of a judicial official is guilty of a third degree felony.

          D. A person who commits retaliation against a judicial official is guilty of a second degree felony.

          E. As used in this section:

                (1) "judicial official" means a justice, a judge, a magistrate, a municipal judge, a special commissioner, a hearing officer, a district attorney, a deputy district attorney, an assistant district attorney, a senior trial prosecutor, a chief public defender, a district public defender, an assistant public defender, the attorney general, a deputy attorney general, an assistant attorney general, a law enforcement officer, a probation and parole officer or an attorney; and

                (2) "family member" means a person who is a husband or wife, parent or grandparent, child or grandchild or brother or sister by consanguinity or affinity.

          F. Prosecution pursuant to this section shall not prevent prosecution pursuant to any other provision of law when the conduct also constitutes a violation of that other provision."

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