The bill aims to eliminate the statute of limitations for certain sexual crimes in New Mexico, allowing prosecution to commence at any time after the crime has occurred. Specifically, it amends Section 30-1-8 NMSA 1978 to state that there will be no limitation period for prosecution of capital felonies, first-degree violent felonies, second-degree murder, second-degree criminal sexual contact of a minor, and second-degree criminal sexual penetration. This change is intended to provide justice for victims of these serious offenses, regardless of when they choose to report the crime.

Additionally, the bill makes conforming amendments to Sections 30-1-9.1 and 30-1-9.2 NMSA 1978, which address the tolling of the statute of limitations for offenses against children and cases involving DNA evidence. It specifies that the time period for prosecuting alleged violations of child abandonment or abuse, as well as certain sexual felonies, will not begin until the victim turns eighteen or the violation is reported to law enforcement. Furthermore, it clarifies that in cases where DNA evidence is available and a suspect has not been identified, the statute of limitations will not commence until a DNA profile is matched with a suspect.

Statutes affected:
introduced version: 30-1-8, 30-1-9.1, 30-1-9.2
JU substitute: 30-1-8, 30-1-9.1, 30-1-9.2
Final Version: 30-1-8, 30-9-11, 30-1-9.2