SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 41

57th legislature - STATE OF NEW MEXICO - second session, 2026

 

 

 

 

 

 

 

AN ACT

RELATING TO CRIME; ELIMINATING THE STATUTE OF LIMITATIONS FOR CERTAIN SEXUAL CRIMES; MAKING CONFORMING AMENDMENTS.

 

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

     SECTION 1. Section 30-1-8 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-8, as amended) is amended to read:

     "30-1-8. TIME LIMITATIONS FOR COMMENCING PROSECUTION.--A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed within the time as provided:

          A. except as provided in Subsection H of this section:

                (1) for a second degree felony, within six years from the time the crime was committed; and

                [B.] (2) for a third or fourth degree felony, within five years from the time the crime was committed;

          [C.] B. for a misdemeanor, within two years from the time the crime was committed;

          [D.] C. for a petty misdemeanor, within one year from the time the crime was committed;

          [E.] D. for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;

          [F.] E. for a felony pursuant to Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978, within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred;

          [G.] F. for an identity theft crime pursuant to Section 30-16-24.1 NMSA 1978, within five years from the time the crime was discovered;

          [H.] G. for any crime not contained in the Criminal Code or where a limitation is not otherwise provided for, within three years from the time the crime was committed; and

          [I. for a capital felony, a first degree violent felony or second degree murder pursuant to Subsection B of Section 30-2-1 NMSA 1978]

          H. no limitation period shall exist and prosecution for [these] the following crimes may commence at any time after the occurrence of [the crime]:

                (1) a capital felony, as provided in Section 31-18-14 NMSA 1978;

                (2) a first degree violent felony;

                (3) second degree murder, as provided in Subsection B of Section 30-2-1 NMSA 1978; or

                (4) second degree criminal sexual contact of a minor, as provided in Section 30-9-13 NMSA 1978."

     SECTION 2. Section 30-1-9.1 NMSA 1978 (being Laws 1987, Chapter 117, Section 1) is amended to read:

     "30-1-9.1. [OFFENSES AGAINST CHILDREN] ALLEGED VIOLATIONS FOR THE ABANDONMENT OR ABUSE OF A CHILD--TOLLING OF STATUTE OF LIMITATIONS.--The applicable time period for commencing prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of abandonment or abuse of a child, as provided in Section 30-6-1 NMSA 1978 or a third or fourth degree felony as provided in Section 30-9-11 [or 30-9-13] NMSA 1978 until the victim attains the age of eighteen or the violation is reported to a law enforcement agency, whichever occurs first."

     SECTION 3. Section 30-1-9.2 NMSA 1978 (being Laws 2003, Chapter 257, Section 1) is amended to read:

     "30-1-9.2. CRIMINAL SEXUAL PENETRATION--TOLLING OF STATUTE OF LIMITATIONS.--

          A. When DNA evidence is available and a suspect has not been identified, the applicable time period for commencing a prosecution pursuant to Section 30-1-8 NMSA 1978 shall not commence to run for an alleged violation of a third or fourth degree felony pursuant to Section 30-9-11 NMSA 1978 until a DNA profile is matched with a suspect.

          B. As used in this section, "DNA" means deoxyribonucleic acid."

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