March 11, 1999

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

SENATE BILL 546, as amended

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. Strike Senate Judiciary Committee Amendment 1.

2. On page 1, line 11, after the semicolon strike the remainder of the line in its entirety, strike lines 12 and 13 in their entirety and insert in lieu thereof "CREATING A CRIMINAL OFFENSE KNOWN AS ESCAPE FROM A COMMUNITY CUSTODY RELEASE PROGRAM; ENACTING A NEW SECTION OF THE +++NMSA 1978.".

3. On pages 1 and 2, strike Section 1 in its entirety and insert in lieu thereof the following new section:

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

"[NEW MATERIAL] ESCAPE FROM A COMMUNITY CUSTODY RELEASE PROGRAM.--

A. Escape from a community custody release program consists of a person, excluding a person on probation or parole, who has been lawfully committed to a judicially approved community custody release program, including a day reporting program, an electronic monitoring program, a day detention program or a community tracking program, escaping or attempting to escape from the community custody release program.

B. Whoever commits escape from a community custody release program, when the person was committed to the program for a misdemeanor charge, is guilty of a misdemeanor.

C. Whoever commits escape from a community custody release program, when the person was committed to the program for a felony charge, is guilty of a felony.""..

Respectfully submitted,

R. David Pederson, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 9 For 0 Against

Yes: 9

Excused: Garcia, Luna, Sanchez

Absent: None

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