44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL LAW; CREATING CRIMINAL OFFENSES FOR ASSAULT OR BATTERY UPON A SPORTS OFFICIAL; PRESCRIBING PENALTIES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] ASSAULT--BATTERY--SPORTS OFFICIALS.--

A. As used in this section:

(1) "in the lawful discharge of his duties" means engaged in the performance of the duties of a sports official, beginning when the sports official arrives at a sports event and ending when a sports official returns to his residence or business following a sports event; and

(2) "sports official" means a person who:

(a) serves as a referee, umpire linesman, timer or scorer, or who serves in a similar capacity, while working, supervising or administering a sports event; and

(b) is registered as a member of a local, state, regional or national organization that is engaged in providing education and training to sports officials.

B. Assault upon a sports official consists of:

(1) an attempt to commit a battery upon the person of a sports official while he is in the lawful discharge of his duties; or

(2) any unlawful act, threat or menacing conduct which causes a sports official while he is in the lawful discharge of his duties to reasonably believe that he is in danger of receiving an immediate battery.

C. Whoever commits assault upon a sports official is guilty of a misdemeanor.

D. Aggravated assault upon a sports official consists of:

(1) unlawfully assaulting or striking at a sports official with a deadly weapon while he is in the lawful discharge of his duties;

(2) committing assault by threatening or menacing a sports official who is engaged in the lawful discharge of his duties by a person wearing a mask, hood, robe or other covering upon the face, head or body, or while disguised in any manner so as to conceal identity; or

(3) willfully and intentionally assaulting a sports official while he is in the lawful discharge of his duties with intent to commit any felony.

E. Whoever commits aggravated assault upon a sports official is guilty of a third degree felony.

F. Assault with intent to commit a violent felony upon a sports official consists of any person assaulting a sports official while he is in the lawful discharge of his duties with intent to kill the sports official.

G. Whoever commits assault with intent to commit a violent felony upon a sports official is guilty of a second degree felony.

H. Battery upon a sports official is the unlawful, intentional touching or application of force to the person of a sports official while he is in the lawful discharge of his duties, when done in a rude, insolent or angry manner.

I. Whoever commits battery upon a sports official is guilty of a fourth degree felony.

J. Aggravated battery upon a sports official consists of the unlawful touching or application of force to the person of a sports official with intent to injure that sports official while he is in the lawful discharge of his duties.

K. Whoever commits aggravated battery upon a sports official, inflicting an injury to the sports official that is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a third degree felony.

L. Whoever commits aggravated battery upon a sports official, inflicting great bodily harm, or does so with a deadly weapon or in any manner whereby great bodily harm or death can be inflicted, is guilty of a second degree felony.

M. A person who assists or is assisted by one or more other persons to commit a battery upon any sports official while he is in the lawful discharge of his duties is guilty of a fourth degree felony."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.