SENATE BILL 249

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Tim Eichenberg

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING FOR ADDITIONAL AGGRAVATING CIRCUMSTANCES IN CAPITAL FELONY CASES.

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. CAPITAL FELONY--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] the peace officer 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, "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 defendant, with deliberate intent to kill, murdered a child less than thirteen years of age;

          I. the defendant, with deliberate intent to kill, murdered two or more people in a single incident; and

          J. the defendant, with deliberate intent to kill, committed a murder in an especially heinous, atrocious or cruel manner."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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