HOUSE BILL 762

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Richard J. Berry

AN ACT

RELATING TO CRIMINAL LAW; REMOVING THE BROTHER AND SISTER EXCEPTION TO THE CRIME OF HARBORING OR AIDING A FELON.

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

     Section 1. Section 30-22-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 22-4) is amended to read:

     "30-22-4. HARBORING OR AIDING A FELON.--Harboring or aiding a felon consists of any person, not standing in the relation of husband or wife, parent or grandparent or child or grandchild [brother or sister] by consanguinity or affinity, who knowingly conceals any offender or gives [such] the offender any other aid, knowing that [he] the offender has committed a felony, with the intent that [he] the offender escape or avoid arrest, trial, conviction or punishment.

     In a prosecution under this section, it shall not be

necessary to aver, [nor] or on the trial to prove, that the principal felon has been either arrested, prosecuted or tried.

     Whoever commits harboring or aiding a felon is guilty of a fourth degree felony."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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