46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO THE COURTS; CREATING A NEW CRIMINAL OFFENSE OF ASSAULT UPON A JUDICIAL OFFICER; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.

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

Section 1. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] ASSAULT UPON A JUDICIAL OFFICER.--

A. Assault upon a judicial officer consists of:

(1) an attempt to commit a battery upon the person of a judicial officer while he is in the lawful discharge of his duties; or

(2) any unlawful act, threat or menacing conduct that causes a judicial officer, while in the lawful discharge of his duties, to reasonably believe that he is in danger of receiving an immediate battery.

B. Whoever commits assault upon a judicial officer is guilty of a fourth degree felony.

C. As used in this section, "judicial officer" means a supreme court justice, a judge of the court of appeals, a district court judge, a magistrate judge, a metropolitan court judge or a municipal court judge."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.