SENATE BILL 73

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Craig W. Brandt

 

 

 

 

 

AN ACT

RELATING TO CAPITAL FELONY SENTENCING; REINSTATING THE DEATH PENALTY FOR MURDERING A PEACE OFFICER.

 

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

     SECTION 1. Section 31-20A-2 NMSA 1978 (being Laws 1979, Chapter 150, Section 3, as amended) is amended to read:

     "31-20A-2. CAPITAL FELONY--DETERMINATION OF SENTENCE.--

          A. If a jury finds, beyond a reasonable doubt, that one or more aggravating circumstances exist, as enumerated in Section 31-20A-5 NMSA 1978, the defendant shall be sentenced to life imprisonment without possibility of release or parole; provided that the defendant shall be sentenced to death if:

                (1) the aggravating circumstance was that the victim was a peace officer who was acting in the lawful discharge of an official duty when the peace officer was murdered; or

                (2) the aggravating circumstance was that the victim was a peace officer who was not acting in the lawful discharge of an official duty, but the defendant targeted the victim because of the victim's status as a peace officer.

          B. If the jury does not make the finding that one or more aggravating circumstances exist, as enumerated in Section 31-20A-5 NMSA 1978, the defendant shall be sentenced to life imprisonment."

     SECTION 2. Section 31-20A-5 NMSA 1978 (being Laws 1979, Chapter 150, Section 6, as amended) is amended to read:

     "31-20A-5. AGGRAVATING CIRCUMSTANCES.--The aggravating circumstances to be considered by the sentencing court or jury pursuant to the provisions of Section 31-20A-2 NMSA 1978 are limited to the following:

          A. the victim was a peace officer who was acting in the lawful discharge of an official duty when [he] the peace officer was murdered;

          B. the victim was a peace officer who was not acting in the lawful discharge of an official duty, but the defendant targeted the victim because of the victim's status as a peace officer;

          [B.] C. the murder was committed with intent to kill in the commission of or attempt to commit [kidnaping] kidnapping, criminal sexual contact of a minor or criminal sexual penetration;

          [C.] D. the murder was committed with the intent to kill by the defendant while attempting to escape from a penal institution of New Mexico;

          [D.] E. while incarcerated in a penal institution in New Mexico, the defendant, with the intent to kill, murdered a person who was at the time incarcerated in or lawfully on the premises of a penal institution in New Mexico. As used in this subsection, "penal institution" includes facilities under the jurisdiction of the corrections [and criminal rehabilitation] department and county and municipal jails;

          [E.] F. while incarcerated in a penal institution in New Mexico, the defendant, with the intent to kill, murdered an employee of the corrections [and criminal rehabilitation] department;

          [F.] G. the capital felony was committed for hire; and

          [G.] H. the capital felony was murder of a witness to a crime or any person likely to become a witness to a crime, for the purpose of preventing report of the crime or testimony in any criminal proceeding or for retaliation for the victim having testified in any criminal proceeding."

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