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

RELATING TO CRIMINAL LAW; REVISING THE PENALTIES FOR THE OFFENSE OF EVADING AN OFFICER; AMENDING AND ENACTING SECTIONS OF THE CRIMINAL CODE.

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

Section 1. Section 30-22-1 NMSA 1978 (being Laws 1963,

Chapter 303, Section 22-1, as amended) is amended to read:

"30-22-1. RESISTING [EVADING] OR OBSTRUCTING AN

OFFICER.--

A. Resisting [evading] or obstructing an officer consists of:

[A.] (1) knowingly obstructing, resisting or opposing any officer of this state or any other duly authorized person serving or attempting to serve or execute any process or any rule or order of any of the courts of this state or any other judicial writ or process; or

[B. intentionally fleeing, attempting to evade or evading an officer of this state when the person committing the act of fleeing, attempting to evade or evasion has knowledge that the officer is attempting to apprehend or arrest him;

C. willfully refusing to bring a vehicle to stop when given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed officer in an appropriately marked police vehicle; or

D.] (2) resisting or abusing any judge, magistrate or peace officer in the lawful discharge of his duties.

B. Whoever commits resisting [evading] or obstructing an officer is guilty of a misdemeanor."

Section 2. A new section of the Criminal Code is enacted to read:

"[NEW MATERIAL] EVADING AN OFFICER.--

A. Evading an officer consists of a person:

(1) intentionally fleeing, attempting to evade or evading an officer of this state when the person committing the act of fleeing, attempting to evade or evasion has knowledge that the officer is attempting to apprehend or arrest him; or

(2) willfully refusing to bring a vehicle to a stop when the person is given a visual or audible signal to stop, whether by hand, voice, emergency light, flashing light, siren or other signal, by a uniformed officer in an appropriately marked police vehicle.

B. Whoever commits evading an officer shall be punished as follows:

(1) if the highest crime committed by a person who commits evading an officer is a capital or first degree felony, the person who commits evading an officer is guilty of a second degree felony;

(2) if the highest crime committed by a person who commits evading an officer is a second degree felony, the person who commits evading an officer is guilty of a third degree felony;

(3) if the highest crime committed by a person who commits evading an officer is a third or fourth degree felony, the person who commits evading an officer is guilty of a fourth degree felony; and

(4) if the highest crime committed by a person who commits evading an officer is a misdemeanor or petty misdemeanor, the person who commits evading an officer is guilty of a petty misdemeanor."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.