HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 28

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING THAT THE STATUTE OF LIMITATIONS FOR COMMENCING PROSECUTION FOR CRIMINAL SEXUAL PENETRATION SHALL BEGIN TO RUN ANEW AFTER A SUBSEQUENT VIOLATION IS COMMITTED.

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

     SECTION 1. Section 30-1-9.2 NMSA 1978 (being Laws 2003, Chapter 257, Section 1) is amended to read:

     "30-1-9.2. CRIMINAL SEXUAL PENETRATION--TOLLING OF STATUTE OF LIMITATIONS--MULTIPLE VIOLATIONS.--

          A. When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect.

          B. If a defendant is charged with more than one violation of Section 30-9-11 NMSA 1978, the applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 for a prior offense shall begin to run anew after each subsequent offense is committed.

          [B.] C. As used in this section, "DNA" means deoxyribonucleic acid."

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