0001|                           SENATE BILL 1125
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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|                          FERNANDO R. MACIAS
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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 SENTENCING; ENACTING THE RACIAL JUSTICE
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0012|     ACT; PROHIBITING THE IMPOSITION OF CAPITAL PUNISHMENT ON THE
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0013|     BASIS OF A DEFENDANT'S RACE OR ETHNICITY; MAKING AN
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0014|     APPROPRIATION.
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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.  [<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1
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0018|     through 8 of this act may be cited as the "Racial Justice Act".
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0019|          Section 2.  [<u>NEW MATERIAL</u>]  PROHIBITION AGAINST CAPITAL
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0020|     PUNISHMENT ON THE BASIS OF A DEFENDANT'S RACE OR ETHNICITY.--A
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0021|     defendant shall not be put to death under color of state or
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0022|     federal law as the result of a sentence imposed on the basis of
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0023|     the defendant's race or ethnicity.
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0024|          Section 3.  [<u>NEW MATERIAL</u>]  ESTABLISHMENT OF INFERENCE.-
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0025|     -An inference that a defendant was sentenced to death on the
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0001|     basis of the defendant's race or ethnicity is established if
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0002|     relevant evidence is presented to demonstrate that, at the time
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0003|     the defendant was sentenced to death, race or ethnicity was a
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0004|     statistically significant factor in other capital felony cases
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0005|     in the jurisdiction.
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0006|          Section 4.  [<u>NEW MATERIAL</u>]  RELEVANT EVIDENCE.--Relevant
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0007|     evidence necessary to establish an inference that a defendant
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0008|     was sentenced to death on the basis of the defendant's race or
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0009|     ethnicity may include evidence that death sentences in other
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0010|     cases in the jurisdiction were:
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0011|               A.  sought on a statistically significant greater
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0012|     frequency against defendants of a certain race or ethnicity as
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0013|     compared to defendants of another race or ethnicity; or
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0014|               B.  imposed on a statistically significant greater
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0015|     frequency against defendants of a certain race or ethnicity as
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0016|     compared to defendants of another race or ethnicity.  
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0017|          Section 5.  [<u>NEW MATERIAL</u>]  DETERMINATION OF VALIDITY OF
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0018|     THE EVIDENCE--REVIEW OF DETERMINATION.--
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0019|               A.  When evidence is presented to establish an
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0020|     inference that a defendant was sentenced to death on the basis
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0021|     of the defendant's race or ethnicity, the district court shall
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0022|     determine the validity of the evidence and whether it
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0023|     establishes the inference.  Among other evidence it may
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0024|     consider, the district court shall analyze evidence of
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0025|     statutory aggravating circumstances present in other capital
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0001|     felony cases in the jurisdiction and compare the final
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0002|     disposition of other capital felony cases in the jurisdiction
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0003|     involving defendants of different races or ethnic backgrounds
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0004|     with the instant capital felony case. 
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0005|               B.  At the request of the prosecuting attorney or
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0006|     defense counsel, the district court's determination regarding
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0007|     the validity of evidence offered to establish an inference that
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0008|     a defendant was sentenced to death based upon the defendant's
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0009|     race or ethnicity is subject to de novo review by the supreme
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0010|     court. 
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0011|          Section 6.  [<u>NEW MATERIAL</u>]  REBUTTAL OF INFERENCE.--
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0012|               A.  When an inference is established that a
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0013|     defendant was sentenced to death based upon his race or
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0014|     ethnicity, the sentence of death shall not be carried out
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0015|     unless the state successfully rebuts the inference by a
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0016|     preponderance of the evidence.
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0017|               B.  The state cannot rely upon a mere assertion that
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0018|     it did not intend to discriminate on the basis of race or
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0019|     ethnicity when imposing a sentence of death on a defendant.
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0020|          Section 7.  [<u>NEW MATERIAL</u>]  CAPITAL FELONY CASES--DATA--
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0021|     SERVICES--COSTS.--Data collected by public officials regarding
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0022|     factors relevant to the imposition of a sentence of death in
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0023|     capital felony cases shall be available to the public.  A
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0024|     defendant in a capital felony case who is indigent shall be
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0025|     provided with legal representation and access to all facilities
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0001|     and services necessary to present a defense.  The cost of
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0002|     providing an indigent person with the services necessary to
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0003|     present a defense shall be compensated from the state general
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0004|     fund. 
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0005|          Section 8.  [<u>NEW MATERIAL</u>]  AFFECT ON OTHER CAPITAL
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0006|     FELONY CASES.--The Racial Justice Act shall not be interpreted
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0007|     to affect the validity of a sentence of death imposed on a
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0008|     defendant in a capital felony case when the sentence was not
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0009|     based upon the defendant's race or ethnicity.
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0010|          Section 9.  EFFECTIVE DATE.--The effective date of the
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0011|     provisions of this act is July 1, 1997.
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0012|                              
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