SENATE BILL 37

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

William H. Payne

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING NO TIME LIMITATION FOR PROSECUTING THE CRIMES OF MURDER IN THE SECOND DEGREE, VOLUNTARY MANSLAUGHTER, INVOLUNTARY MANSLAUGHTER, ASSISTING SUICIDE AND HOMICIDE BY VEHICLE.

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

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

                (1) murder in the first or second degree as provided in Section 30-2-1 NMSA 1978;

                (2) voluntary or involuntary manslaughter as provided in Section 30-2-3 NMSA 1978;

                (3) assisting suicide as provided in Section 30-2-4 NMSA 1978;

                (4) homicide by vehicle as provided in Section 66-8-101 NMSA 1978; or

                (5) a first degree felony."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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