HOUSE BILL 25

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO CRIMINAL LAW; EXTENDING THE TIME LIMITATION FOR PROSECUTING THE CRIMES OF CONSPIRACY AND TAMPERING WITH EVIDENCE TO COINCIDE WITH THE TIME LIMITATION FOR THE UNDERLYING CRIME; CLARIFYING THE TIME LIMITATION FOR PROSECUTING A FIRST DEGREE FELONY.

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

     Section 1. Section 30-1-8 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-8, as amended) is amended to read:

     "30-1-8. TIME LIMITATIONS FOR COMMENCING PROSECUTION.--[No] A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed [therefor] within the time as provided:

          A. for a second degree felony, within six years from the time the crime was committed;

          B. for a third or fourth degree felony, within five years from the time the crime was committed;

          C. for a misdemeanor, within two years from the time the crime was committed;

          D. for a petty misdemeanor, within one year from the time the crime was committed;

          E. for the crime of conspiracy, within the same time period as the crime conspired to be committed would be prosecuted;

          F. for the crime of tampering with evidence, within the same time period as the crime for which the tampering with evidence was committed would be prosecuted; 

          [E.] G. for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;

          [F.] H. for a felony pursuant to [Sections] Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978 [or Section 4 of this 2005 act], within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred;

          [G.] I. for any crime not contained in the Criminal Code or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and

          [H.] J. for a capital felony or a first degree [violent] felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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