0001|                            HOUSE BILL 88
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          R. DAVID PEDERSON
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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; CLARIFYING THE TIME LIMITATION FOR
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0012|     COMMENCING PROSECUTION OF A FIRST DEGREE FELONY; AMENDING A
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0013|     SECTION OF THE NMSA 1978.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 30-1-8 NMSA 1978 (being Laws 1963,
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0017|     Chapter 303, Section 1-8, as amended) is amended to read:
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0018|          "30-1-8.  TIME LIMITATIONS FOR COMMENCING PROSECUTION.--
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0019|     No person shall be prosecuted, tried or punished in any court
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0020|     of this state unless the indictment is found or information or
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0021|     complaint is filed therefor within the time as provided:
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0022|               A.  for a second degree felony, within six years
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0023|     from the time the crime was committed;
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0024|               B.  for a third or fourth degree felony, within
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0025|     five years from the time the crime was committed;
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<center>- 1 -</center>

0001|               C.  for a misdemeanor, within two years from the
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0002|     time the crime was committed;
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0003|               D.  for a petty misdemeanor, within one year from
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0004|     the time the crime was committed; 
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0005|               E.  for any crime against or violation of the
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0006|     revenue laws of this state <u>or</u> of Section 51-1-38 NMSA 1978,
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0007|     within three years from the time the crime was committed;
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0008|               F.  for any crime not contained in the Criminal
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0009|     Code, or where a limitation is not otherwise provided for,
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0010|     within three years from the time the crime was committed; and
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0011|               G.  for a capital felony or a first degree
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0012|     <s>[violent]</s> felony, no limitation period shall exist and
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0013|     prosecution for these crimes may commence at any time after
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0014|     the occurrence of the crime."
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0015|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0016|     provisions of this act is July 1, 1998.
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0017|                              
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