0001| HOUSE BILL 402
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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| JERRY LEE ALWIN
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0005|
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0006|
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0007|
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0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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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 CERTAIN
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0012| HOMICIDE STATUTES; AMENDING SECTIONS OF THE CRIMINAL CODE.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 30-2-1 NMSA 1978 (being Laws 1963,
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0016| Chapter 303, Section 2-1, as amended) is amended to read:
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0017| "30-2-1. MURDER.--
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0018| A. Murder in the first degree is the killing of one
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0019| human being by another without lawful justification or excuse,
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0020| by any of the means with which death may be caused:
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0021| (1) by any kind of willful, deliberate and
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0022| premeditated killing;
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0023| (2) [in the commission of or attempt to commit
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any felony] by committing murder in the second degree during
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0025| the commission of or an attempt to commit a felony that is
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0001| dangerous to human life; or
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0002| (3) by any act greatly dangerous to the lives
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0003| of others, indicating a depraved mind regardless of human life.
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0004| Whoever commits murder in the first degree is guilty of a
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0005| capital felony.
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0006| B. Unless he is acting [upon] as a result of
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0007| sufficient provocation, upon a sudden quarrel or in the heat of
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0008| passion, a person who kills another human being without lawful
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0009| justification or excuse commits murder in the second degree:
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0010| [if in performing the acts which cause the death he knows that
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such acts create a strong probability of death or great bodily
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harm to that individual or another.
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Murder in the second degree is a lesser included offense
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of the crime of murder in the first degree]
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0015| (1) by intentionally killing that human
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0016| being; or
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0017| (2) by engaging in unjustifiable conduct that
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0018| the person knows will create a strong probability of death to
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0019| that human being.
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0020| Whoever commits murder in the second degree is guilty of a
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0021| second degree felony resulting in the death of a human being."
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0022| Section 2. Section 30-2-3 NMSA 1978 (being Laws 1963,
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0023| Chapter 303, Section 2-3, as amended) is amended to read:
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0024| "30-2-3. MANSLAUGHTER. [Manslaughter is the unlawful
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killing of a human being without malice.]
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0001| A. Voluntary manslaughter consists of
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0002| [manslaughter committed upon a sudden quarrel or in the heat
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of passion] a person committing murder in the second degree
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0004| that is mitigated by the fact that the killing was committed
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0005| upon a sudden quarrel or in the heat of passion, as a result of
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0006| sufficient provocation. The state shall not have the burden of
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0007| proving the existence of the mitigation.
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0008| Whoever commits voluntary manslaughter is guilty of a
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0009| third degree felony resulting in the death of a human being.
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0010| B. Involuntary manslaughter consists of
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0011| [manslaughter committed in the commission of an unlawful act
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not amounting to felony, or in the commission of a lawful act
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which might produce death in an unlawful manner or without due
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caution and circumspection] a person causing the death of
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0015| another human being by engaging in conduct that shows a
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0016| conscious disregard of an unjustifiable risk of death.
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0017| Whoever commits involuntary manslaughter is guilty of a
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0018| fourth degree felony."
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0019| Section 3. EFFECTIVE DATE.--The effective date of the
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0020| provisions of this act is July 1, 1997.
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0021| - 3 -
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