SENATE BILL 59

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

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO CRIMINAL SENTENCING; PROVIDING THAT MURDER OF A CHILD UNDER THIRTEEN YEARS OF AGE IS AN AGGRAVATING CIRCUMSTANCE FOR PURPOSES OF CAPITAL FELONY SENTENCING.

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. 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 was murdered];

          B. the victim was a child under thirteen years of age;

          [B.] C. 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.] D. the murder was committed with the intent to kill by the defendant while attempting to escape from a penal institution [of] in New Mexico;

          [D.] E. 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, employed by or lawfully on the premises of a penal institution in New Mexico, [As used in this subsection, "penal institution" includes] including 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] murder was committed for hire; and

          G. the [capital felony was] murder was 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."

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

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