0001|                               AN ACT
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0002| RELATING TO CRIMINAL SENTENCING; INCREASING PENALTIES FOR BRIBERY OR
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0003| INTIMIDATION OF A WITNESS OR RETALIATION AGAINST A WITNESS; INCREASING
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0004| PENALTIES FOR JURY TAMPERING; AMENDING A SECTION OF THE NMSA 1978.
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0005| 
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0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0007|      Section 1.  Section 30-24-3 NMSA 1978 (being Laws 1963, Chapter
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0008| 303, Section 24-3, as amended) is amended to read:
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0009|      "30-24-3.  BRIBERY OR INTIMIDATION OF A WITNESS--RETALIATION
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0010| AGAINST A WITNESS.--
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0011|           A.  Bribery or intimidation of a witness consists of any
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0012| person knowingly:
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0013|                (1)  giving or offering to give anything of value to
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0014| any witness or to any person likely to become a witness in any
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0015| judicial, administrative, legislative or other official cause or
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0016| proceeding to testify falsely or to abstain from testifying to any
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0017| fact in such cause or proceeding; 
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0018|                (2)  intimidating or threatening any witness or person
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0019| likely to become a witness in any judicial, administrative,
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0020| legislative or other official cause or proceeding for the purpose of
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0021| preventing such individual from testifying to any fact, to abstain
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0022| from testifying or to testify falsely; or
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0023|                (3)  intimidating or threatening any person or giving
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0024| or offering to give anything of value to any person with the intent to
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0025| keep the person from truthfully reporting to a law enforcement officer
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0001| or any agency of government that is responsible for enforcing criminal
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0002| laws information relating to the commission or possible commission of
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0003| a felony offense or a violation of conditions of probation, parole or
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0004| release pending judicial proceedings.
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0005|           B.  Retaliation against a witness consists of any person
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0006| knowingly engaging in conduct that causes bodily injury to another
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0007| person or damage to the tangible property of another person, or
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0008| threatening to do so, with the intent to retaliate against any person
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0009| for any information relating to the commission or possible commission
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0010| of a felony offense or a violation of conditions of probation, parole
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0011| or release pending judicial proceedings given by a person to a law
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0012| enforcement officer.
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0013|           C.  Whoever commits bribery or intimidation of a witness is
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0014| guilty of a third degree felony.
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0015|           D.  Whoever commits retaliation against a witness is guilty
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0016| of a second degree felony."
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0017|      Section 2.  Section 38-5-5 NMSA 1978 (being Laws 1969, 
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0018| Chapter 222, Section 5, as amended) is amended to read:
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0019|      "38-5-5.  JURY TAMPERING--PENALTIES.--Jury tampering consists of:
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0020|           A.  the willful placing of names in a jury wheel or removal
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0021| of the names other than in accordance with law;
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0022|           B.  the selection or drawing of jurors other than in
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0023| accordance with law; 
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0024|           C.  the attempt to threaten, coerce or induce a trial juror
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0025| to vote for a false verdict or a grand juror to vote for no indictment
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0001| or for a false indictment; or
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0002|           D.  the threatening, coercing or inducing of a trial juror
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0003| to vote for a false verdict or a grand juror to vote for no indictment
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0004| or for a false indictment.
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0005|      Whoever violates the provisions of Subsection A or B of this
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0006| section is guilty of a petty misdemeanor and shall be sentenced
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0007| pursuant to the provisions of Section 31-19-1 NMSA 1978.  Whoever
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0008| violates the provisions of Subsection C of this section is guilty of a
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0009| third degree felony and shall be sentenced pursuant to the provisions
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0010| of Section 31-18-15 NMSA 1978.  Whoever violates the provisions of
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0011| Subsection D of this section is guilty of a second degree felony and
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0012| shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA
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0013| 1978."
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0014|      Section 3.  EFFECTIVE DATE.--The effective date of the
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0015| provisions of this act is July 1, 1997.                         
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