HOUSE BILL 27

55th legislature - STATE OF NEW MEXICO - second session, 2022

INTRODUCED BY

William "Bill" R. Rehm and Stefani Lord and Rebecca Dow

 

 

 

 

 

AN ACT

RELATING TO PRETRIAL DETENTION; ESTABLISHING A PRESUMPTION THAT THE PROSECUTION HAS PROVEN BY CLEAR AND CONVINCING EVIDENCE THAT A PERSON IS DANGEROUS AND NO RELEASE CONDITIONS WILL REASONABLY PROTECT THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY; ALLOWING THE PRESUMPTION TO BE REBUTTED; DECLARING AN EMERGENCY.

 

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

     SECTION 1. A new section of Chapter 31, Article 3 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PRESUMPTION THAT DEFENDANT IS DANGEROUS AND THAT NO RELEASE CONDITIONS WILL REASONABLY PROTECT THE SAFETY OF ANY OTHER PERSON OR THE COMMUNITY.--

          A. In a hearing initiated by a prosecuting authority pursuant to Article 2, Section 13 of the constitution of New Mexico, it shall be presumed that the prosecution has proven by clear and convincing evidence that a defendant is dangerous and that no release conditions will reasonably protect the safety of any other person or the community when:

                (1) the defendant is charged with a capital offense or a serious violent offense;

                (2) the defendant brandished or discharged a firearm during the commission of a capital offense or a serious violent offense as enumerated in Subsection D of this section;

                (3) the defendant committed the charged felony offense while pending trial or sentencing for a separate felony charge;

                (4) the defendant committed the charged offense enumerated in Subsection D of this section while on probation, parole or any other post-conviction supervision;

                (5) the defendant has failed to appear in court for any prior felony offense; or

                (6) the defendant has demonstrated a pattern of failure to follow conditions of release.

          B. A defendant shall have the opportunity to rebut the presumption established in Subsection A of this section.

          C. Nothing in this section shall be construed to allow the detention of a person solely because of financial inability to post a money or property bond.

          D. As used in this section:

                (1) "capital offense" means first degree murder, as provided in Section 30-2-1 NMSA 1978, or an offense for which the defendant may be sentenced to life imprisonment without the possibility of parole pursuant to Section 31-20A-2 NMSA 1978; and

                (2) "serious violent offense" means:

                     (a) second degree murder, as provided in Section 30-2-1 NMSA 1978;

                     (b) voluntary manslaughter, as provided in Section 30-2-3 NMSA 1978;

                     (c) third degree aggravated battery, as provided in Section 30-3-5 NMSA 1978;

                     (d) third degree aggravated battery against a household member, as provided in Section 30-3-16 NMSA 1978;

                     (e) first degree kidnapping, as provided in Section 30-4-1 NMSA 1978;

                     (f) first and second degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978;

                     (g) second and third degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978;

                     (h) first and second degree robbery, as provided in Section 30-16-2 NMSA 1978;

                     (i) second degree aggravated arson, as provided in Section 30-17-6 NMSA 1978;

                     (j) shooting at a dwelling or occupied building, as provided in Section 30-3-8 NMSA 1978;

                     (k) shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978;

                     (l) aggravated battery upon a peace officer, as provided in Section 30-22-25 NMSA 1978;

                     (m) assault with intent to commit a violent felony upon a peace officer, as provided in Section 30-22-23 NMSA 1978;

                     (n) aggravated assault upon a peace officer, as provided in Section 30-22-22 NMSA 1978; or

                     (o) any of the following offenses, when the nature of the offense and the resulting harm are such that the court judges the crime to be a serious violent offense for the purpose of this section: 1) involuntary manslaughter, as provided in Section 30-2-3 NMSA 1978; 2) fourth degree aggravated assault, as provided in Section 30-3-2 NMSA 1978; 3) third degree assault with intent to commit a violent felony, as provided in Section 30-3-3 NMSA 1978; 4) fourth degree aggravated assault against a household member, as provided in Section 30-3-13 NMSA 1978; 5) third degree assault against a household member with intent to commit a violent felony, as provided in Section 30-3-14 NMSA 1978; 6) third and fourth degree aggravated stalking, as provided in Section 30-3A-3.1 NMSA 1978; 7) second degree kidnapping, as provided in Section 30-4-1 NMSA 1978; 8) second degree abandonment of a child, as provided in Section 30-6-1 NMSA 1978; 9) first, second and third degree abuse of a child, as provided in Section 30-6-1 NMSA 1978; 10) third degree dangerous use of explosives, as provided in Section 30-7-5 NMSA 1978; 11) third and fourth degree criminal sexual penetration, as provided in Section 30-9-11 NMSA 1978; 12) fourth degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978; 13) third degree robbery, as provided in Section 30-16-2 NMSA 1978; 14) third degree homicide by vehicle or great bodily harm by vehicle, as provided in Section 66-8-101 NMSA 1978; or 15) battery upon a peace officer, as provided in Section 30-22-24 NMSA 1978."

     SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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