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. It stipulates that 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 the death penalty. Additionally, those who cause the death of a law enforcement officer during a felony will also be sentenced to death, with related acts leading to the officer's death also qualifying for this penalty. The bill allows for lesser sentences in the presence of mitigating circumstances, but mandates a minimum of life imprisonment without parole.

The legislation outlines various aggravating factors that may warrant the death penalty, including prior convictions for child neglect, the degree of suffering inflicted, and the age of the victim, among others. It ensures that defendants are afforded full due process rights, including legal representation and a fair trial, and mandates a separate hearing to determine the appropriateness of the death penalty, requiring a unanimous jury decision. Furthermore, any conviction resulting in the death penalty will be automatically appealed to the supreme court for thorough review, ensuring scrutiny of both the application of the death penalty and any procedural errors that may have occurred during the trial.