SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 10

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO CRIMINAL LAW; PROHIBITING INTIMIDATION OF A JUDGE; PROHIBITING RETALIATION; PROVIDING PENALTIES.

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] INTIMIDATION OF A JUDGE--RETALIATION.--

          A. Intimidation of a judge consists of intentionally threatening bodily injury to or damage to the property of a judge or a family member of a judge with the intent to influence a judge's exercise of the judge's judicial duties.

          B. Retaliation against a judge consists of intentionally threatening bodily injury to or damage to the property of a judge or a family member of a judge with the intent to retaliate against the judge for the judge's exercise of the judge's judicial duties.

          C. A person who commits intimidation of a judge is guilty of a fourth degree felony.

          D. A person who commits retaliation against a judge is guilty of a fourth degree felony.

          E. As used in this section:

                (1) "family member" means a person who is a husband or wife, parent, child or grandchild by consanguinity or affinity; and

                (2) "judge" means a justice, a judge, a magistrate, a domestic violence special commissioner or a judicial hearing officer."

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