SENATE BILL 363
56th legislature - STATE OF NEW MEXICO - first session, 2023
RELATING TO CRIME; EXCLUDING FROM THE CRIME OF VOLUNTARY MANSLAUGHTER KILLINGS COMMITTED DURING THE ESCAPE FROM THE COMMISSION OF A FELONY AND WHILE RESISTING LAWFUL ARREST.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-2-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 2-3, as amended) is amended to read:
"30-2-3. MANSLAUGHTER.--Manslaughter is the unlawful killing of a human being without malice.
A. Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion, except that a sudden quarrel or heat of passion shall not include any conduct in the course of or during an escape from the commission of a felony offense or while resisting a lawful arrest by a law enforcement officer or another person.
Whoever commits voluntary manslaughter is guilty of a third degree felony resulting in the death of a human being.
B. Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act [which] that might produce death in an unlawful manner or without due caution and circumspection.
Whoever commits involuntary manslaughter is guilty of a fourth degree felony."
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