The proposed bill introduces a new section to Chapter 31, Article 20A of the New Mexico Statutes, establishing the death penalty for specific circumstances involving the death of a child, a law enforcement officer, or during the commission of a felony. Under this legislation, individuals convicted of causing the death of a child through willful neglect or abuse, or while committing a felony under the Controlled Substances Act, will face a death sentence. Additionally, those who cause the death of a law enforcement officer during a felony will also be subject to the death penalty, with related acts leading to the officer's death also warranting this sentence. The bill outlines various aggravating factors that may justify the death penalty, such as prior convictions for child neglect, the degree of suffering inflicted, and the age of the victim.

The bill ensures that defendants charged under this section are granted full due process rights, including legal representation and a fair trial. A separate hearing will be conducted to determine the appropriateness of the death penalty, requiring a unanimous jury decision for sentencing. Furthermore, defendants can present mitigating circumstances, which they must establish by a preponderance of evidence. Importantly, any conviction resulting in a death sentence will be automatically appealed to the state supreme court for a comprehensive review of the case and any procedural errors that may have occurred during the trial.