0001| HOUSE BILL 211
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| RAYMOND G. SANCHEZ
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CRIMINAL LAW; CHANGING THE ELEMENTS OF THE CRIMINAL
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0012| OFFENSE OF STALKING; CREATING THE CRIMINAL OFFENSE OF
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0013| AGGRAVATED STALKING; PRESCRIBING PENALTIES; AMENDING, REPEALING
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0014| AND ENACTING SECTIONS OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the Criminal Code is enacted
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0018| to read:
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0019| "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 5 of
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0020| this act may be cited as the "Stalking Act"."
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0021| Section 2. A new section of the Criminal Code is enacted
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0022| to read:
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0023| "[NEW MATERIAL] STALKING--PENALTIES.--
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0024| A. Stalking consists of a person knowingly engaging
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0025| in two or more instances of conduct that include following
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0001| another person, lying in wait for another person, making
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0002| threats of great bodily harm or death to another person or
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0003| making repeated, unwanted contact with another person, when the
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0004| conduct serves no lawful purpose. The conduct must be such
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0005| that it would cause a reasonable person to feel frightened,
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0006| intimidated or threatened.
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0007| B. Whoever commits stalking is guilty of a
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0008| misdemeanor. Upon a second or subsequent conviction, the
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0009| offender is guilty of a fourth degree felony.
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0010| C. In addition to any punishment provided pursuant
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0011| to the provisions of this section, the court shall order a
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0012| person convicted of stalking to participate in and complete a
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0013| program of professional counseling at his own expense."
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0014| Section 3. A new section of the Criminal Code is enacted
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0015| to read:
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0016| "[NEW MATERIAL] AGGRAVATED STALKING--PENALTIES.--
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0017| A. Aggravated stalking consists of stalking
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0018| perpetrated by a person:
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0019| (1) in violation of a permanent or temporary
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0020| order of protection issued by a court;
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0021| (2) in violation of a court order setting
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0022| conditions of release and bond;
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0023| (3) when the person is in possession of a
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0024| deadly weapon; or
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0025| (4) when the victim is less than sixteen years
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0001| of age.
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0002| B. Whoever commits aggravated stalking is guilty of
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0003| a fourth degree felony. Upon a second or subsequent
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0004| conviction, the offender is guilty of a third degree felony.
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0005| C. In addition to any punishment provided pursuant
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0006| to the provisions of this section, the court shall order a
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0007| person convicted of aggravated stalking to participate in and
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0008| complete a program of professional counseling at his own
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0009| expense."
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0010| Section 4. A new section of the Criminal Code is enacted
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0011| to read:
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0012| "[NEW MATERIAL] ARREST WITHOUT WARRANT--LIABILITY--
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0013| ASSISTANCE TO VICTIM.--
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0014| A. A peace officer may arrest a person and take
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0015| that person into custody without a warrant when the peace
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0016| officer is investigating an allegation of stalking or
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0017| aggravated stalking and has probable cause to believe that the
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0018| person has committed stalking or aggravated stalking.
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0019| B. A peace officer shall not be held criminally or
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0020| civilly liable for making an arrest pursuant to the provisions
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0021| of this section, if the peace officer acts in good faith and
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0022| without malice.
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0023| C. Whether or not an arrest is made pursuant to the
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0024| provisions of this section, a peace officer may remain with the
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0025| victim of the alleged stalking or aggravated stalking and
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0001| assist the victim. The assistance may include getting the
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0002| victim to a place of shelter or ensuring that the victim
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0003| receives proper medical attention."
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0004| Section 5. A new section of the Criminal Code is enacted
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0005| to read:
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0006| "[NEW MATERIAL] EXCEPTIONS.--The provisions of the
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0007| Stalking Act do not apply to:
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0008| A. picketing or public demonstrations that are
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0009| lawful or that arise out of a bona fide labor dispute; or
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0010| B. a peace officer in the performance of his
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0011| duties."
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0012| Section 6. Section 31-26-3 NMSA 1978 (being Laws 1994,
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0013| Chapter 144, Section 3) is amended to read:
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0014| "31-26-3. DEFINITIONS.--As used in the Victims of Crime
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0015| Act:
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0016| A. "court" means magistrate court, metropolitan
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0017| court, children's court, district court, the court of appeals
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0018| or the supreme court;
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0019| B. "criminal offense" means:
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0020| (1) negligent arson resulting in death or
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0021| bodily injury, as provided in Section 30-17-5 NMSA 1978;
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0022| (2) aggravated arson, as provided in Section
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0023| 30-17-6 NMSA 1978;
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0024| (3) aggravated assault, as provided in Section
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0025| 30-3-2 NMSA 1978;
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0001| (4) aggravated battery, as provided in Section
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0002| 30-3-5 NMSA 1978;
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0003| (5) dangerous use of explosives, as provided
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0004| in Section 30-7-5 NMSA 1978;
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0005| (6) negligent use of a deadly weapon, as
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0006| provided in Section 30-7-4 NMSA 1978;
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0007| (7) murder, as provided in Section 30-2-1 NMSA
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0008| 1978;
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0009| (8) voluntary manslaughter, as provided in
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0010| Section 30-2-3 NMSA 1978;
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0011| (9) involuntary manslaughter, as provided in
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0012| Section 30-2-3 NMSA 1978;
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0013| (10) [kidnaping] kidnapping, as provided
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0014| in Section 30-4-1 NMSA 1978;
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0015| (11) criminal sexual penetration, as provided
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0016| in Section 30-9-11 NMSA 1978;
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0017| (12) criminal sexual contact of a minor, as
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0018| provided in Section 30-9-13 NMSA 1978;
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0019| (13) homicide by vehicle, as provided in
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0020| Section 66-8-101 NMSA 1978;
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0021| (14) great bodily injury by vehicle, as
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0022| provided in Section 66-8-101 NMSA 1978; [or]
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0023| (15) abandonment or abuse of a child, as
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0024| provided in Section 30-6-1 NMSA 1978; or
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0025| (16) stalking or aggravated stalking, as
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0001| provided in the Stalking Act;
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0002| C. "court proceeding" means a hearing, argument or
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0003| other action scheduled by and held before a court;
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0004| D. "family member" means a spouse, child, sibling,
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0005| parent or grandparent;
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0006| E. "formally charged" means the filing of an
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0007| indictment, the filing of a criminal information pursuant to a
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0008| bind-over order or the setting of a preliminary hearing;
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0009| F. "victim" means an individual against whom a
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0010| criminal offense is committed. "Victim" also means a family
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0011| member or a victim's representative when the individual against
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0012| whom a criminal offense was committed is a minor, is
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0013| incompetent or is a homicide victim; and
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0014| G. "victim's representative" means an individual
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0015| designated by a victim or appointed by the court to act in the
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0016| best interests of the victim."
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0017| Section 7. REPEAL.--Sections 30-3A-1 through 30-3A-4 NMSA
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0018| 1978 (being Laws 1993, Chapter 86, Sections 1 through 4, as
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0019| amended) are repealed.
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0020| Section 8. EFFECTIVE DATE.--The effective date of the
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0021| provisions of this act is July 1, 1997.
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0022| - 6 - State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| February 14, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your JUDICIARY COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 211
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS, amended as follows:
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0015|
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0016| 1. On page 1, strike lines 24 and 25 in their entirety, and
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0017| on page 2, strike lines 1 through 6 in their entirety and insert
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0018| in lieu thereof the following new subsections:
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0019|
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0020| "A. Stalking consists of a person knowingly pursuing
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0021| a pattern of conduct that would cause a reasonable person to feel
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0022| frightened, intimidated or threatened. The alleged stalker must
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0023| knowingly and intentionally commit the acts that place another
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0024| person in reasonable apprehension of death, bodily harm, sexual
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0025| assault, confinement or restraint or the alleged stalker must
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0001| intend to cause a reasonable person to fear for his safety or the
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0002| safety of a household member. In furtherance of the stalking,
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0003| the alleged stalker must commit one or more of the following acts
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0004| on more than one occasion:
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0005|
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0006| (1) following another person, in a place other
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0007| than the residence of the alleged stalker;
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0008|
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0009| (2) placing another person under surveillance by
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0010| being present outside that person's residence, school, workplace
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0011| or motor vehicle or any other place frequented by that person,
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0012| other than the residence of the alleged stalker; or
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0013| (3) harassing another person.
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0014|
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0015| B. As used in this section, "household member" means
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0016| a spouse, former spouse, family member, including a relative,
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0017| parent, present or former step-parent, present or former in-law,
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0018| child or co-parent of a child, or a person with whom the victim
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0019| has had a continuing personal relationship. Cohabitation is not
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0020| necessary to be deemed a household member for the purposes of
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0021| this section.".
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0022|
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0023| 2. Reletter the succeeding subsections accordingly.
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0024|
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0025| 3. On page 3, strike lines 10 through 25 in their entirety,
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0001| and on page 4, strike lines 1 through 3 in their entirety.
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0002|
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0003| 4. Renumber the succeeding sections accordingly.,
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0004|
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0005| and thence referred to the APPROPRIATIONS AND FINANCE
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0006| COMMITTEE.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013|
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0014| Thomas P. Foy, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 10 For 0 Against
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0024| Yes: 10
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0025| Excused: Alwin, Rios, Sanchez
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0001| Absent: None
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0002|
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0003|
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0004| .116547.1
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0005| G:\BILLTEXT\BILLW_97\H0211 FORTY-THIRD LEGISLATURE
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0006| FIRST SESSION
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0007|
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0008|
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0009| February 19, 1997
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0010|
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0011|
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0012| HOUSE FLOOR AMENDMENT number __1____ to HOUSE BILL 211, as amended
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0013|
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0014| Amendment sponsored by Representative R. David Pederson
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0015|
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0016|
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0017| 1. Strike all House Judiciary Committee amendments.
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0018|
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0019| 2. On page 1, line 20, before "Stalking" insert "Harassment and".
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0020|
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0021| 3. On page 1, between lines 20 and 21, insert the following new
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0022| section:
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0023|
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0024| "Section 2. A new section of the Criminal Code is enacted to
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0025| read:
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0001|
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0002| "[NEW MATERIAL] HARASSMENT--PENALTIES.--
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0003|
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0004| A. Harassment consists of knowingly pursuing a pattern of
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0005| conduct that is intended to annoy, seriously alarm or terrorize another
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0006| person and that serves no lawful purpose. The conduct must be such
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0007| that it would cause a reasonable person to suffer substantial emotional
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0008| distress.
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0009|
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0010| B. Whoever commits harassment is guilty of a misdemeanor."".
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0011|
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0012| 4. Renumber the succeeding sections accordingly.
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0013|
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0014| 5. On page 1, strike lines 24 and 25 in their entirety, and on
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0015| page 2, strike lines 1 through 6 in their entirety and insert in lieu
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0016| thereof the following new subsections:
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0017|
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0018| "A. Stalking consists of a person knowingly pursuing a
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0019| pattern of conduct that would cause a reasonable person to feel
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0020| frightened, intimidated or threatened. The alleged stalker must intend
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0021| to place another person in reasonable apprehension of death, bodily
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0022| harm, sexual assault, confinement or restraint or the alleged stalker
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0023| must intend to cause a reasonable person to fear for his safety or the
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0024| safety of a household member. In furtherance of the stalking, the
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0025| alleged stalker must commit one or more of the following acts on more
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0001| than one occasion:
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0002|
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0003| (1) following another person, in a place other than the
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0004| residence of the alleged stalker;
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0005|
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0006| (2) placing another person under surveillance by being
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0007| present outside that person's residence, school, workplace or motor
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0008| vehicle or any other place frequented by that person, other than the
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0009| residence of the alleged stalker; or
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0010|
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0011| (3) harassing another person.
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0012|
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0013| B. As used in this section, "household member" means a
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0014| spouse, former spouse, family member, including a relative, parent,
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0015| present or former step-parent, present or former in-law, child or co-
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0016| parent of a child, or a person with whom the victim has had a
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0017| continuing personal relationship. Cohabitation is not necessary to be
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0018| deemed a household member for the purposes of this section.".
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0019|
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0020| 6. Reletter the succeeding subsections accordingly.
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0021|
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0022| 7. On page 3, strike lines 10 through 25 in their entirety, and
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0023| on page 4, strike lines 1 through 3 in their entirety.
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0024|
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0025| 8. Renumber the succeeding sections accordingly.
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0001|
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0002|
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0003|
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0004|
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0005| ___________________________
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0006| R. David Pederson
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0007|
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0008|
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0009| Adopted ___________________ Not Adopted ___________________________
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012|
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0013| Date ________________
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0014|
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0015| FORTY-THIRD LEGISLATURE HB 211/a
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| March 5, 1997
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0020|
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0021| Mr. President:
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0022|
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0023| Your JUDICIARY COMMITTEE, to whom has been referred
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0024|
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0025| HOUSE BILL 211, as amended
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0001|
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0002| has had it under consideration and reports same with recommendation
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0003| that it DO PASS, amended as follows:
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0004|
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0005| 1. On page 2, line 19, strike "in violation of" and insert in
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0006| lieu thereof "who knowingly violates".
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0007|
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0008| 2. On page 2, line 20, after "court" insert ", except that mutual
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0009| violations of such orders may constitute a defense to aggravated
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0010| stalking".
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0011|
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0012| Respectfully submitted,
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0013|
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0014|
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0015|
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0016| __________________________________
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0017| Fernando R. Macias, Chairman
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0018|
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0019|
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0020|
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0021| Adopted_______________________ Not Adopted_______________________
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024|
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0025| Date ________________________
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0001|
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0002|
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0003| The roll call vote was 7 For 0 Against
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0004| Yes: 7
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0005| No: 0
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0006| Excused: Sanchez
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0007| Absent: None
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0008|
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0009|
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0010| H0211JU1
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0011|
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0012|
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0013| FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION
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0015|
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0016|
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0017| March 8, 1997
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0018|
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0019|
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0020| SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 211, as amended
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0021|
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0022| Amendment sponsored by Senator
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0023|
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0024|
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0025| 1. On page 4, line 21, after "in" insert "Subsection B of".
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0001|
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0002| 2. On page 5, between lines 18 and 19, insert the following new
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0003| paragraph:
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0004|
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0005| "(13) armed robbery, as provided in Section 30-16-2 NMSA
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0006| 1978;".
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0007|
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0008| 3. Renumber the succeeding paragraphs accordingly.
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0009|
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0010| 4. On page 6, line 8, after "order" insert ", the filing of a
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0011| petition".
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0012|
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0013|
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0014|
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0015| __________________________
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0016|
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0017|
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0018|
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0019|
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0020| Adopted ___________________ Not Adopted _______________________
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023|
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0024| Date _________________
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