0001| SENATE BILL 172
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
|
0003| INTRODUCED BY
|
0004| SUE F. WILSON
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO CRIMINAL SENTENCING; PROVIDING THAT THE SUPREME
|
0012| COURT SHALL ISSUE A FINAL ADJUDICATION WITHIN TWO YEARS OF THE
|
0013| FILING OF A NOTICE OF APPEAL IN A CAPITAL FELONY CASE;
|
0014| PROVIDING ADDITIONAL AGGRAVATING CIRCUMSTANCES FOR
|
0015| CONSIDERATION IN CAPITAL FELONY PROCEEDINGS; AMENDING SECTIONS
|
0016| OF THE NMSA 1978.
|
0017|
|
0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0019| Section 1. Section 31-20A-4 NMSA 1978 (being Laws 1979,
|
0020| Chapter 150, Section 5) is amended to read:
|
0021| "31-20A-4. REVIEW OF JUDGMENT AND SENTENCE.--
|
0022| A. The judgment of conviction and sentence of
|
0023| death shall be automatically reviewed by the supreme court of
|
0024| the state of New Mexico and within two years of the filing of
|
0025| the notice of appeal the supreme court shall issue a final
|
- 1 -
0001| adjudication.
|
0002| B. In addition to the other matters on appeal, the
|
0003| supreme court shall rule on the validity of the death
|
0004| sentence.
|
0005| C. The death penalty shall not be imposed if:
|
0006| (1) the evidence does not support the finding
|
0007| of a statutory aggravating circumstance;
|
0008| (2) the evidence supports a finding that the
|
0009| mitigating circumstances outweigh the aggravating
|
0010| circumstances;
|
0011| (3) the sentence of death was imposed under
|
0012| the influence of passion, prejudice or any other arbitrary
|
0013| factor; or
|
0014| (4) the sentence of death is excessive or
|
0015| disproportionate to the penalty imposed in similar cases,
|
0016| considering both the crime and the defendant.
|
0017| D. No error in the sentencing proceeding shall
|
0018| result in the reversal of the conviction of a capital felony.
|
0019| If the trial court is reversed on appeal because of error only
|
0020| in the sentencing proceeding, the supreme court shall remand
|
0021| solely for a new sentencing proceeding. The new sentencing
|
0022| proceeding ordered and mandated shall apply only to the issue
|
0023| of punishment.
|
0024| E. In cases of remand for a new sentencing
|
0025| proceeding, all exhibits and a transcript of all testimony and
|
- 2 -
0001| other evidence admitted in the prior trial and sentencing
|
0002| proceeding shall be admissible in the new sentencing
|
0003| proceeding, and:
|
0004| (1) if the sentencing proceeding was before a
|
0005| jury, a new jury shall be impaneled for the new sentencing
|
0006| proceeding;
|
0007| (2) if the sentencing proceeding was before a
|
0008| judge, the original trial judge shall conduct the new
|
0009| sentencing proceeding; or
|
0010| (3) if the sentencing proceeding was before a
|
0011| judge and the original trial judge is unable or unavailable to
|
0012| conduct a new sentencing proceeding, then another judge shall
|
0013| be designated to conduct the new sentencing proceeding, and
|
0014| the parties are entitled to disqualify the new judge on the
|
0015| grounds set forth in Section 38-3-9 NMSA 1978 before the newly
|
0016| designated judge exercises any discretion."
|
0017| Section 2. Section 31-20A-5 NMSA 1978 (being Laws 1979,
|
0018| Chapter 150, Section 6, as amended) is amended to read:
|
0019| "31-20A-5. AGGRAVATING CIRCUMSTANCES.--The aggravating
|
0020| circumstances to be considered by the sentencing court or jury
|
0021| pursuant to the provisions of Section 31-20A-2 NMSA 1978 are
|
0022| limited to the following:
|
0023| A. the victim was a peace officer who was acting
|
0024| in the lawful discharge of an official duty when he was
|
0025| murdered;
|
- 3 -
0001| B. the murder was committed with intent to kill in
|
0002| the commission of or attempt to commit [kidnaping]
|
0003| kidnapping, criminal sexual contact of a minor or criminal
|
0004| sexual penetration;
|
0005| C. the murder was committed with the intent to
|
0006| kill by the defendant while attempting to escape from a penal
|
0007| institution of New Mexico;
|
0008| D. while incarcerated in a penal institution in
|
0009| New Mexico, the defendant, with the intent to kill, murdered a
|
0010| person who was at the time incarcerated in or lawfully on the
|
0011| premises of a penal institution in New Mexico. As used in
|
0012| this subsection, "penal institution" includes facilities under
|
0013| the jurisdiction of the corrections [and criminal
|
0014| rehabilitation] department and county and municipal jails;
|
0015| E. while incarcerated in a penal institution in
|
0016| New Mexico, the defendant, with the intent to kill, murdered
|
0017| an employee of the corrections [and criminal rehabilitation]
|
0018| department;
|
0019| F. the capital felony was committed for hire;
|
0020| [and]
|
0021| G. the capital felony was murder of a witness to a
|
0022| crime or any person likely to become a witness to a crime, for
|
0023| the purpose of preventing report of the crime or testimony in
|
0024| any criminal proceeding or for retaliation for the victim
|
0025| having testified in any criminal proceeding;
|
- 4 -
0001| H. the defendant committed multiple murders; and
|
0002| I. the victim of the capital felony was a person
|
0003| less than ten years of age."
|
0004| Section 3. SEVERABILITY.--If any part or application of
|
0005| this act is held invalid, the remainder or its application to
|
0006| other situations or persons shall not be affected.
|
0007| Section 4. EFFECTIVE DATE.--The effective date of the
|
0008| provisions of this act is July 1, 1998.
|
0009|
|