HOUSE BILL 168

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Rick Little

AN ACT

RELATING TO CRIMINAL OFFENSES; PROVIDING FOR THE PRESUMPTION OF A REASONABLE BELIEF IN THE NECESSITY OF USING DEADLY FORCE.

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

     SECTION 1. Section 30-2-7 NMSA 1978 (being Laws 1963, Chapter 303, Section 2-8) is amended to read:

     "30-2-7. JUSTIFIABLE HOMICIDE OR USE OF FORCE BY CITIZEN.--

          A. Homicide or use of force, including deadly force, is justifiable when committed by any person in any of the following cases:

                [A.] (1) when committed in the necessary defense of [his] the person's life, [his] family or [his] property or in necessarily defending against any unlawful action directed against [himself, his wife] the person or the person's spouse or family;

                [B.] (2) when committed in the lawful defense of [himself] that person or of another and when there [is a] are reasonable [ground] grounds to believe a design exists to commit a felony or to do some great personal injury against such person or another, and there is imminent danger that the design will be accomplished; or

                [C.] (3) when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed in [his] the person's presence or in lawfully suppressing any riot or in necessarily and lawfully keeping and preserving the peace.

          B. The person's belief under Subsection A of this section that the use of force, including deadly force, was necessary is presumed to be reasonable if the person:

                (1) knew or had reason to believe that the person against whom the deadly force was used:

                     (a) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the person's occupied habitation, vehicle or place of business or employment;

                     (b) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the person, person's spouse or family from the person's habitation, vehicle or place of business or employment; or

                     (c) was committing or attempting to commit a felony;

                (2) did not provoke the person against whom the force was used; and

                (3) was not otherwise engaged in criminal activity."

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