HOUSE JOINT RESOLUTION 6

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

INTRODUCED BY

Dennis J. Kintigh

A JOINT RESOLUTION

PROPOSING TO AMEND ARTICLE 6 OF THE CONSTITUTION OF NEW MEXICO BY ADOPTING A NEW SECTION REQUIRING IMPOSITION OF THE DEATH PENALTY FOR CERTAIN CAPITAL FELONIES, IMPOSING THE DEATH PENALTY FOR OTHER CRIMES IF PROVIDED BY LAW AND REQUIRING THAT FEDERAL PROCEDURAL LAWS, RULES AND JURY INSTRUCTIONS APPLY IN CAPITAL FELONY CASES.

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

     SECTION 1. It is proposed to amend Article 6 of the constitution of New Mexico by adding a new section to read:

          "A. The death penalty shall be imposed for all capital felonies where a jury finds, beyond a reasonable doubt, one of the following circumstances:

                (1) the victim was a peace officer who was acting in the lawful discharge of an official duty when murdered;

                (2) the victim was a person under eighteen years of age;

                (3) the murder was committed with intent to kill in the commission of or attempt to commit kidnapping or criminal sexual penetration;

                (4) the murder was committed with the intent to kill by the defendant while attempting to escape from a penal institution of New Mexico;

              (5) while incarcerated in a penal institution in New Mexico, the defendant, with the 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, including facilities under the jurisdiction of the corrections department and county and municipal jails;

              (6) while incarcerated in a penal institution in New Mexico, the defendant, with the intent to kill, murdered an employee of the corrections department;

              (7) the capital felony was committed for hire; or        (8) the capital felony 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.

         B. The death penalty may be imposed for other crimes if provided for by law.

         C. In capital felony cases, federal procedural laws, rules and jury instructions for federal capital offense cases shall apply."

    SECTION 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

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