FORTY-EIGHTH LEGISLATUREHB 190/a

FIRST SESSION, 2007

March 2, 2007

Madam President:

    Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

HOUSE BILL 190

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 4, line 25, strike "unencumbered" and insert in lieu thereof "enumerated".

    2. On page 5, between lines 4 and 5, insert the following new section:

    "Section 4. Section 31-20A-5 NMSA 1978 (being Laws 1979, Chapter 150, Section 6, as amended) is amended to read:

    "31-20A-5. AGGRAVATING CIRCUMSTANCES.--The aggravating circumstances to be considered by the sentencing court or jury pursuant to the provisions of Section 31-20A-2 NMSA 1978 are limited to the following:

         A. the [victim was] defendant, with the deliberate intent to kill, murdered a peace officer who was acting in the lawful discharge of an official duty when [he] the peace officer was murdered;

         B. the murder was committed with the deliberate intent to kill in the commission of or attempt to commit [kidnaping] kidnapping, criminal sexual contact of a minor or criminal sexual penetration;

         C. the murder was committed with the deliberate intent to kill by the defendant while attempting to escape from a penal institution of New Mexico;

         D. while incarcerated in a penal institution in New Mexico, the defendant, with the deliberate intent to kill, murdered a person who was at the time incarcerated in or lawfully on the premises of a penal institution in New Mexico. As used in this subsection, "penal institution" includes facilities under the jurisdiction of the corrections [and criminal rehabilitation] department and county and municipal jails;

         E. while incarcerated in a penal institution in New Mexico, the defendant, with the deliberate intent to kill, murdered an employee of the corrections [and criminal rehabilitation] department;

         F. the capital felony, with the deliberate intent to kill, was committed for hire; [and]

         G. the capital felony, with the deliberate intent to kill, was murder of a witness to a crime or any person likely to become a witness to a crime, for the purpose of preventing report of the crime or testimony in any criminal proceeding or for retaliation for the victim having testified in any criminal proceeding;

         H. the defendant, with the deliberate intent to kill, murdered a child less than thirteen years of age."".

         I. the defendant, with the deliberate intent to kill, murdered two or more people in a single incident;

         J. the defendant, with the deliberate intent to kill, murdered a person because of that person's present or former status as a peace officer or employee of the corrections department; and

         K. the defendant, with the deliberate intent to kill, committed a murder in a heinous manner."".

    3. Renumber the succeeding sections accordingly.,

and thence referred to the JUDICIARY COMMITTEE.

                               Respectfully submitted,

                               __________________________________

                               Dede Feldman, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 6 For 1 Against

Yes:      6

No:       Neville

Excused: Ingle, Kernan

Absent:   None

HB0190PA1                                                  .169044.2