0001| HOUSE BILL 1009
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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|
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0009|
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0010| AN ACT
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0011| RELATING TO CRIMINAL OFFENSES; CHANGING THE INTENT REQUIREMENT
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0012| FOR MURDER; AMENDING THE ELEMENTS OF MANSLAUGHTER.
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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, an offense termed deliberate intent
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0023| murder. The mental state required for deliberate intent murder
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0024| is the specific intent to kill;
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0025| (2) in the commission of or attempt to commit
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0001| [any felony] a first degree or other dangerous felony, an
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0002| offense termed felony murder. The mental state required for
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0003| felony murder is the mental state required for the predicate
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0004| felony or attempted felony; or
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0005| (3) by any act greatly dangerous to the lives
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0006| of others, indicating a depraved mind regardless of human life,
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0007| an offense termed depraved mind murder. The mental state
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0008| required for depraved mind murder is knowledge that the act
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0009| creates a substantial risk of death or great bodily harm to two
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0010| or more people. Knowledge for purposes of depraved mind murder
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0011| may be established by circumstantial evidence and may not be
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0012| negated by evidence of voluntary intoxication.
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0013| Whoever commits murder in the first degree is guilty of a
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0014| capital felony.
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0015| B. Unless he is acting [upon sufficient
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provocation, upon a sudden quarrel or in the heat of passion]
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0017| in circumstances that would elevate his offense to first
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0018| degree murder or reduce it to manslaughter, a person who kills
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0019| another human being without lawful justification or excuse
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0020| commits murder in the second degree. [if in performing the
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acts which cause the death he knows that such acts create a
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strong probability of death or great bodily harm to that
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individual or another] The mental state required for second
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0024| degree murder is general criminal intent to commit the act that
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0025| causes the death. Murder in the second degree is a lesser
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0001| included offense of the crime of murder in the first degree.
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0002| Whoever commits murder in the second degree is guilty of a
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0003| second degree felony resulting in the death of a human being."
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0004| Section 2. Section 30-2-3 NMSA 1978 (being Laws 1963,
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0005| Chapter 303, Section 2-3, as amended) is amended to read:
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0006| "30-2-3. MANSLAUGHTER.--Manslaughter is the [unlawful]
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0007| killing of a human being [without malice] without lawful
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0008| justification or excuse in circumstances that do not constitute
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0009| murder.
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0010| A. Voluntary manslaughter consists of manslaughter
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0011| committed upon a sudden quarrel or in the heat of passion.
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0012| Whoever commits voluntary manslaughter is guilty of a
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0013| third degree felony resulting in the death of a human being.
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0014| B. Involuntary manslaughter consists of
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0015| manslaughter committed in the commission of an unlawful act not
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0016| amounting to felony, [or] other than a minor traffic
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0017| offense; in the commission of a lawful act [which] that
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0018| might produce death in an unlawful manner; or in the
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0019| commission of a lawful act performed without due caution and
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0020| circumspection.
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0021| Whoever commits involuntary manslaughter is guilty of a
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0022| fourth degree felony. Involuntary manslaughter is a lesser
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0023| included offense of homicide by vehicle."
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0024|
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