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Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

SUMMARY

Synopsis of Bill

House Bill 407 would amend Section 31-20A-5 NMSA 1978 regarding the elements that comprise aggravating circumstances in felony sentencing.

Significant Issues

House Bill 407 changes language to state that aggravating circumstances exist when a defendant, with the deliberate intent to kill, murders a peace officer, a person during the commission or attempt to commit kidnaping, a person while attempting to escape a penal institution or a person also incarcerated in a penal institution, an employee of the corrections department, or a witness to a crime. House Bill 407 defines aggravating circumstances based on the actions of the perpetrator, while the current statute delineates aggravating circumstances based on the victim being a person in any of the aforementioned categories.

House Bill 407 also adds kidnaping to the list of aggravating circumstances. Kidnaping is defined as the holding of a victim for ransom, holding a person hostage or against their will, or that the victim was held as a shield against their will.

BOC/gm