HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 152

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

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; PROVIDING A TEN-YEAR TIME LIMITATION FOR PROSECUTING A FIRST DEGREE FELONY; PROVIDING NO TIME LIMITATION FOR PROSECUTING SECOND DEGREE MURDER.

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.--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 within the time as provided:

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

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

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

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

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

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

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

          [F.] I. for a felony pursuant to Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978, 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.] J. for an identity theft crime pursuant to Section 30-16-24.1 NMSA 1978, within five years from the time the crime was discovered;

          [H.] K. 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

          [I.] L. for a capital felony or [a first degree violent felony] murder in the second degree, as provided in Section 30-2-1 NMSA 1978, 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, 2011.

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