0001|                         HOUSE BILL 251
    |
0002|     42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
    |
0003|     1996
    |
0004|                         INTRODUCED BY
    |
0005|                     RICHARD "RAY" SANCHEZ
    |
0006|     
    |
0007|     
    |
0008|     
    |
0009|     
    |
0010|     
    |
0011|                             AN ACT
    |
0012|     RELATING TO CRIMES; INCREASING THE PENALTIES FOR SHOOTING AT OR
    |
0013|     FROM A MOTOR VEHICLE; ADDING THE OFFENSE OF SHOOTING AT A
    |
0014|     DWELLING OR OCCUPIED BUILDING OR AT OR FROM A MOTOR VEHICLE THAT
    |
0015|     RESULTS IN DEATH TO THE LIST OF AGGRAVATING CIRCUMSTANCES TO BE
    |
0016|     CONSIDERED DURING CAPITAL SENTENCING HEARINGS.
    |
0017|     
    |
0018|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0019|       Section 1.  Section 30-3-8 NMSA 1978 (being Laws 1987,
    |
0020|     Chapter 213, Section 1, as amended) is amended to read:
    |
0021|       "30-3-8.  SHOOTING AT DWELLING OR OCCUPIED BUILDING--SHOOTING AT OR FROM A MOTOR VEHICLE.--
    |
0022|            A.  Shooting at a dwelling or occupied building
    |
0023|     consists of willfully discharging a firearm at a dwelling or
    |
0024|     occupied building.  Whoever commits shooting at a dwelling or
    |
0025|     occupied building that does not result in great bodily harm to
    |
0001|     another person is guilty of a fourth degree felony.  Whoever
    |
0002|     commits shooting at a dwelling or occupied building that results
    |
0003|     in injury to another person is guilty of a third degree felony. 
    |
0004|     Whoever commits shooting at a dwelling or occupied building that
    |
0005|     results in great bodily harm to another person is guilty of a
    |
0006|     second degree felony.
    |
0007|            B.  Shooting at or from a motor vehicle consists of
    |
0008|     willfully discharging a firearm at or from a motor vehicle with
    |
0009|     reckless disregard for the person of another.  Whoever commits
    |
0010|     shooting at or from a motor vehicle that does not result in
    |
0011|     great bodily harm to another person is guilty of a <s>[fourth]</s>
    |
0012|     <u>third</u> degree felony.  Whoever commits shooting at or from a
    |
0013|     motor vehicle that results in injury to another person is guilty
    |
0014|     of a <s>[third]</s> <u>second</u> degree felony.  Whoever commits shooting
    |
0015|     at or from a motor vehicle that results in great bodily harm to
    |
0016|     another person is guilty of a <s>[second]</s> <u>first</u> degree felony.
    |
0017|            C.  This section shall not apply to a law enforcement
    |
0018|     officer discharging a firearm in the lawful performance of his
    |
0019|     duties."
    |
0020|       Section 2.  Section 31-20A-5 NMSA 1978 (being Laws 1979,
    |
0021|     Chapter 150, Section 6, as amended) is amended to read:
    |
0022|       "31-20A-5.  AGGRAVATING CIRCUMSTANCES.--The aggravating
    |
0023|     circumstances to be considered by the sentencing court or jury
    |
0024|     pursuant to the provisions of Section 31-20A-2 NMSA 1978 are
    |
0025|     limited to the following:
    |
0001|            A.  the victim was a peace officer who was acting in
    |
0002|     the lawful discharge of an official duty when he was murdered;
    |
0003|            B.  the murder was committed with intent to kill in
    |
0004|     the commission of or attempt to commit <s>[kidnaping]</s>
    |
0005|     <u>kidnapping</u>, criminal sexual contact of a minor or criminal
    |
0006|     sexual penetration;
    |
0007|            C.  the murder was committed with the intent to kill
    |
0008|     by the defendant while attempting to escape from a penal
    |
0009|     institution of New Mexico;
    |
0010|            D.  while incarcerated in a penal institution in New
    |
0011|     Mexico, the defendant, with the intent to kill, murdered a
    |
0012|     person who was at the time incarcerated in or lawfully on the
    |
0013|     premises of a penal institution in New Mexico.  As used in this
    |
0014|     subsection, "penal institution" includes facilities under the
    |
0015|     jurisdiction of the corrections <s>[and criminal rehabilitation]</s>
    |
0016|     department and county and municipal jails;
    |
0017|            E.  while incarcerated in a penal institution in New
    |
0018|     Mexico, the defendant, with the intent to kill, murdered an em-
    |
0019|     ployee of the corrections <s>[and criminal rehabilitation]</s>
    |
0020|     department;
    |
0021|            F.  the capital felony was committed for hire;
    |
0022|     <s>[and]</s>
    |
0023|            G.  the capital felony was murder of a witness to a
    |
0024|     crime or any person likely to become a witness to a crime, for
    |
0025|     the purpose of preventing report of the crime or testimony in
    |
0001|     any criminal proceeding or for retaliation for the victim having
    |
0002|     testified in any criminal proceeding; <u>and</u>
    |
0003|            <u>H.  the defendant committed the murder by shooting
</u>    |
<u></u>0004| <u>    at a dwelling or occupied building or by shooting at or from a
</u>    |
<u></u>0005| <u>    motor vehicle in violation of Section 30-3-8 NMSA 1978</u>."
    |
0006|                              
    |
0007|     
    |