0001|                            HOUSE BILL 211
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          RAYMOND G. SANCHEZ
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO CRIMINAL LAW; CHANGING THE ELEMENTS OF THE CRIMINAL
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0012|     OFFENSE OF STALKING; CREATING THE CRIMINAL OFFENSE OF
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0013|     AGGRAVATED STALKING; PRESCRIBING PENALTIES; AMENDING, REPEALING
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0014|     AND ENACTING SECTIONS OF THE NMSA 1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new section of the Criminal Code is enacted
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0018|     to read:
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0019|          "[<u>NEW MATERIAL</u>]  SHORT TITLE.--Sections 1 through 5 of
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0020|     this act may be cited as the "Stalking Act"."
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0021|          Section 2.  A new section of the Criminal Code is enacted
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0022|     to read:
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0023|          "[<u>NEW MATERIAL</u>]  STALKING--PENALTIES.--
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0024|               A.  Stalking consists of a person knowingly engaging
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0025|     in two or more instances of conduct that include following
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0001|     another person, lying in wait for another person, making
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0002|     threats of great bodily harm or death to another person or
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0003|     making repeated, unwanted contact with another person, when the
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0004|     conduct serves no lawful purpose.  The conduct must be such
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0005|     that it would cause a reasonable person to feel frightened,
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0006|     intimidated or threatened.       
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0007|               B.  Whoever commits stalking is guilty of a
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0008|     misdemeanor.  Upon a second or subsequent conviction, the
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0009|     offender is guilty of a fourth degree felony.  
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0010|               C.  In addition to any punishment provided pursuant
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0011|     to the provisions of this section, the court shall order a
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0012|     person convicted of stalking to participate in and complete a
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0013|     program of professional counseling at his own expense."
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0014|          Section 3.  A new section of the Criminal Code is enacted
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0015|     to read:
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0016|          "[<u>NEW MATERIAL</u>]  AGGRAVATED STALKING--PENALTIES.--
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0017|               A.  Aggravated stalking consists of stalking
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0018|     perpetrated by a person:
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0019|                    (1)  in violation of a permanent or temporary
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0020|     order of protection issued by a court;
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0021|                    (2)  in violation of a court order setting
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0022|     conditions of release and bond;
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0023|                    (3)  when the person is in possession of a
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0024|     deadly weapon; or
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0025|                    (4)  when the victim is less than sixteen years
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0001|     of age.       
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0002|               B.  Whoever commits aggravated stalking is guilty of
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0003|     a fourth degree felony.  Upon a second or subsequent
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0004|     conviction, the offender is guilty of a third degree felony.
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0005|               C.  In addition to any punishment provided pursuant
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0006|     to the provisions of this section, the court shall order a
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0007|     person convicted of aggravated stalking to participate in and
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0008|     complete a program of professional counseling at his own
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0009|     expense."
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0010|          Section 4.  A new section of the Criminal Code is enacted
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0011|     to read:
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0012|          "[<u>NEW MATERIAL</u>]  ARREST WITHOUT WARRANT--LIABILITY--
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0013|     ASSISTANCE TO VICTIM.--
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0014|               A.  A peace officer may arrest a person and take
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0015|     that person into custody without a warrant when the peace
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0016|     officer is investigating an allegation of stalking or
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0017|     aggravated stalking and has probable cause to believe that the
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0018|     person has committed stalking or aggravated stalking.
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0019|               B.  A peace officer shall not be held criminally or
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0020|     civilly liable for making an arrest pursuant to the provisions
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0021|     of this section, if the peace officer acts in good faith and
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0022|     without malice.  
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0023|               C.  Whether or not an arrest is made pursuant to the
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0024|     provisions of this section, a peace officer may remain with the
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0025|     victim of the alleged stalking or aggravated stalking and
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0001|     assist the victim.  The assistance may include getting the
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0002|     victim to a place of shelter or ensuring that the victim
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0003|     receives proper medical attention."
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0004|          Section 5.  A new section of the Criminal Code is enacted
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0005|     to read:
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0006|          "[<u>NEW MATERIAL</u>]  EXCEPTIONS.--The provisions of the
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0007|     Stalking Act do not apply to:
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0008|               A.  picketing or public demonstrations that are
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0009|     lawful or that arise out of a bona fide labor dispute; or
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0010|               B.  a peace officer in the performance of his
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0011|     duties."
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0012|          Section 6.  Section 31-26-3 NMSA 1978 (being Laws 1994,
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0013|     Chapter 144, Section 3) is amended to read:
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0014|          "31-26-3.  DEFINITIONS.--As used in the Victims of Crime
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0015|     Act:
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0016|               A.  "court" means magistrate court, metropolitan
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0017|     court, children's court, district court, the court of appeals
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0018|     or the supreme court;
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0019|               B.  "criminal offense" means:
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0020|                    (1)  <u>negligent</u> arson resulting in <u>death or</u>
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0021|     bodily injury, as provided in Section 30-17-5 NMSA 1978;
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0022|                    (2)  aggravated arson, as provided in Section
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0023|     30-17-6 NMSA 1978;
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0024|                    (3)  aggravated assault, as provided in Section
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0025|     30-3-2 NMSA 1978;
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0001|                    (4)  aggravated battery, as provided in Section
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0002|     30-3-5 NMSA 1978;
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0003|                    (5)  dangerous use of explosives, as provided
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0004|     in Section 30-7-5 NMSA 1978;
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0005|                    (6)  negligent use of a deadly weapon, as
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0006|     provided in Section 30-7-4 NMSA 1978;
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0007|                    (7)  murder, as provided in Section 30-2-1 NMSA
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0008|     1978;
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0009|                    (8)  voluntary manslaughter, as provided in
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0010|     Section 30-2-3 NMSA 1978;
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0011|                    (9)  involuntary manslaughter, as provided in
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0012|     Section 30-2-3 NMSA 1978;
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0013|                    (10)  <s>[kidnaping]</s> <u>kidnapping</u>, as provided
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0014|     in Section 30-4-1 NMSA 1978;
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0015|                    (11)  criminal sexual penetration, as provided
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0016|     in Section 30-9-11 NMSA 1978;
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0017|                    (12)  criminal sexual contact of a minor, as
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0018|     provided in Section 30-9-13 NMSA 1978;
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0019|                    (13)  homicide by vehicle, as provided in
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0020|     Section 66-8-101 NMSA 1978;
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0021|                    (14)  great bodily injury by vehicle, as
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0022|     provided in Section 66-8-101 NMSA 1978; <s>[or]</s>
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0023|                    (15)  abandonment or abuse of a child, as
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0024|     provided in Section 30-6-1 NMSA 1978; <u>or</u>
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0025|                    <u>(16)  stalking or aggravated stalking, as
</u>    |
<u></u>0001| <u>    provided in the Stalking Act</u>;
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0002|               C.  "court proceeding" means a hearing, argument or
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0003|     other action scheduled by and held before a court;
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0004|               D.  "family member" means a spouse, child, sibling,
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0005|     parent or grandparent;
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0006|               E.  "formally charged" means the filing of an
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0007|     indictment, the filing of a criminal information pursuant to a
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0008|     bind-over order or the setting of a preliminary hearing;
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0009|               F.  "victim" means an individual against whom a
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0010|     criminal offense is committed.  "Victim" also means a family
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0011|     member or a victim's representative when the individual against
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0012|     whom a criminal offense was committed is a minor, is
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0013|     incompetent or is a homicide victim; and
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0014|               G.  "victim's representative" means an individual
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0015|     designated by a victim or appointed by the court to act in the
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0016|     best interests of the victim."
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0017|          Section 7.  REPEAL.--Sections 30-3A-1 through 30-3A-4 NMSA
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0018|     1978 (being Laws 1993, Chapter 86, Sections 1 through 4, as
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0019|     amended) are repealed.
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0020|          Section 8.  EFFECTIVE DATE.--The effective date of the
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0021|     provisions of this act is July 1, 1997.
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0022|                                - 6 -                       State of New Mexico
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0023|                      House of Representatives
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0024|   
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0025|                      FORTY-THIRD LEGISLATURE
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0001|                        FIRST SESSION, 1997
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0002|   
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0003|   
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0004|                                               February 14, 1997
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0005|   
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0006|   
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0007|   Mr. Speaker:
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0008|   
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0009|        Your JUDICIARY COMMITTEE, to whom has been referred
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0010|   
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0011|                        HOUSE BILL 211
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0012|   
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0013|   has had it under consideration and reports same with
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0014|   recommendation that it DO PASS, amended as follows:
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0015|   
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0016|        1.  On page 1, strike lines 24 and 25 in their entirety, and
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0017|   on page 2, strike lines 1 through 6 in their entirety and insert
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0018|   in lieu thereof the following new subsections:
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0019|   
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0020|             "A.  Stalking consists of a person knowingly pursuing
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0021|   a pattern of conduct that would cause a reasonable person to feel
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0022|   frightened, intimidated or threatened.  The alleged stalker must
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0023|   knowingly and intentionally commit the acts that place another
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0024|   person in reasonable apprehension of death, bodily harm, sexual
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0025|   assault, confinement or restraint or the alleged stalker must
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0001|   intend to cause a reasonable person to fear for his safety or the
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0002|   safety of a household member.  In furtherance of the stalking,
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0003|   the alleged stalker must commit one or more of the following acts
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0004|   on more than one occasion:
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0005|   
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0006|                  (1)  following another person, in a place other
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0007|   than the residence of the alleged stalker;
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0008|   
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0009|                  (2)  placing another person under surveillance by
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0010|   being present outside that person's residence, school, workplace
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0011|   or motor vehicle or any other place frequented by that person,
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0012|   other than the residence of the alleged stalker; or
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0013|                  (3)  harassing another person.
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0014|   
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0015|             B.  As used in this section, "household member" means
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0016|   a spouse, former spouse, family member, including a relative,
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0017|   parent, present or former step-parent, present or former in-law,
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0018|   child or co-parent of a child, or a person with whom the victim
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0019|   has had a continuing personal relationship.  Cohabitation is not
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0020|   necessary to be deemed a household member for the purposes of
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0021|   this section.".
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0022|   
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0023|        2.  Reletter the succeeding subsections accordingly.
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0024|   
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0025|        3.  On page 3, strike lines 10 through 25 in their entirety,
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0001|   and on page 4, strike lines 1 through 3 in their entirety.
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0002|   
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0003|        4.  Renumber the succeeding sections accordingly.,
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0004|   
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0005|   and thence referred to the APPROPRIATIONS AND FINANCE
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0006|   COMMITTEE.
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0007|   
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0008|                                 Respectfully submitted,
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0009|   
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0010|   
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0011|   
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0012|                                 <u>                                
</u>    |
<u></u>0013| <u>  
</u>    |
<u></u>0014| <u>                                </u>                             Thomas P. Foy, Chairman
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0015|   
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0016|   
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0017|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0018| <u>   </u>
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0019|             (Chief Clerk)                       (Chief Clerk)
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0020|   
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0021|                        Date <u>            </u>
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0022|   
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0023|   The roll call vote was<u> 10 </u> For<u> 0 </u> Against
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0024|   Yes:      10
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0025|             Excused:  Alwin, Rios, Sanchez
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0001|             Absent:   None
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0002|   
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0003|   
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0004|                                                            .116547.1
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0005|   G:\BILLTEXT\BILLW_97\H0211                        FORTY-THIRD LEGISLATURE
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0006|                              FIRST SESSION
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0007|   
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0008|   
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0009|                                                    February 19, 1997
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0010|   
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0011|   
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0012|   HOUSE FLOOR AMENDMENT number __1____ to HOUSE BILL 211, as amended
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0013|   
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0014|   Amendment sponsored by Representative R. David Pederson
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0015|   
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0016|   
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0017|     1.  Strike all House Judiciary Committee amendments.
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0018|     
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0019|     2.  On page 1, line 20, before "Stalking" insert "Harassment and".
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0020|   
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0021|     3.  On page 1, between lines 20 and 21, insert the following new
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0022|   section:
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0023|   
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0024|     "Section 2.  A new section of the Criminal Code is enacted to
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0025|   read:
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0001|   
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0002|     "[<u>NEW MATERIAL</u>]  HARASSMENT--PENALTIES.--
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0003|   
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0004|         A.  Harassment consists of knowingly pursuing a pattern of
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0005|   conduct that is intended to annoy, seriously alarm or terrorize another
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0006|   person and that serves no lawful purpose.  The conduct must be such
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0007|   that it would cause a reasonable person to suffer substantial emotional
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0008|   distress.
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0009|     
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0010|         B.  Whoever commits harassment is guilty of a misdemeanor."".
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0011|   
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0012|     4.  Renumber the succeeding sections accordingly.
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0013|   
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0014|     5.  On page 1, strike lines 24 and 25 in their entirety, and on
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0015|   page 2, strike lines 1 through 6 in their entirety and insert in lieu
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0016|   thereof the following new subsections:
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0017|   
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0018|         "A.  Stalking consists of a person knowingly pursuing a
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0019|   pattern of conduct that would cause a reasonable person to feel
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0020|   frightened, intimidated or threatened.  The alleged stalker must intend
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0021|   to place another person in reasonable apprehension of death, bodily
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0022|   harm, sexual assault, confinement or restraint or the alleged stalker
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0023|   must intend to cause a reasonable person to fear for his safety or the
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0024|   safety of a household member.  In furtherance of the stalking, the
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0025|   alleged stalker must commit one or more of the following acts on more
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0001|   than one occasion:
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0002|   
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0003|             (1)  following another person, in a place other than the
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0004|   residence of the alleged stalker;
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0005|   
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0006|             (2)  placing another person under surveillance by being
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0007|   present outside that person's residence, school, workplace or motor
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0008|   vehicle or any other place frequented by that person, other than the
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0009|   residence of the alleged stalker; or
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0010|   
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0011|             (3)  harassing another person.
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0012|   
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0013|         B.  As used in this section, "household member" means a
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0014|   spouse, former spouse, family member, including a relative, parent,
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0015|   present or former step-parent, present or former in-law, child or co-
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0016|   parent of a child, or a person with whom the victim has had a
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0017|   continuing personal relationship.  Cohabitation is not necessary to be
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0018|   deemed a household member for the purposes of this section.".
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0019|   
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0020|     6.  Reletter the succeeding subsections accordingly.
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0021|   
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0022|     7.  On page 3, strike lines 10 through 25 in their entirety, and 
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0023|   on page 4, strike lines 1 through 3 in their entirety.
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0024|   
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0025|     8.  Renumber the succeeding sections accordingly.
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0001|   
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0002|   
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0003|   
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0004|   
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0005|                                      ___________________________
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0006|                                      R. David Pederson
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0007|   
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0008|   
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0009|   Adopted ___________________   Not Adopted ___________________________
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0010|          (Chief Clerk)                      (Chief Clerk)
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0011|   
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0012|   
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0013|                 Date ________________  
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0014|   
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0015|                         FORTY-THIRD LEGISLATURE             HB 211/a
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0016|                           FIRST SESSION, 1997
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0017|   
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0018|   
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0019|                                                        March 5, 1997
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0020|   
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0021|   Mr. President:
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0022|   
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0023|       Your JUDICIARY COMMITTEE, to whom has been referred
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0024|   
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0025|                       HOUSE BILL 211, as amended
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0001|   
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0002|   has had it under consideration and reports same with recommendation
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0003|   that it DO PASS, amended as follows:
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0004|   
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0005|       1.  On page 2, line 19, strike "in violation of" and insert in
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0006|   lieu thereof "who knowingly violates".
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0007|   
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0008|       2.  On page 2, line 20, after "court" insert ", except that mutual
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0009|   violations of such orders may constitute a defense to aggravated
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0010|   stalking".
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0011|   
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0012|                                Respectfully submitted,
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0013|   
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0014|   
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0015|   
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0016|                                __________________________________
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0017|                                Fernando R. Macias, Chairman 
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0018|   
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0019|   
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0020|   
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0021|   Adopted_______________________   Not Adopted_______________________
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0022|             (Chief Clerk)                          (Chief Clerk)
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0023|   
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0024|   
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0025|                     Date ________________________
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0001|   
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0002|   
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0003|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
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0004|           Yes:    7
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0005|           No:     0
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0006|                Excused:     Sanchez
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0007|           Absent: None
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0008|   
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0009|   
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0010|   H0211JU1
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0011|   
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0012|      
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0013|                         FORTY-THIRD LEGISLATURE
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0014|                              FIRST SESSION

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0015|   
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0016|   
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0017|                                                        March 8, 1997
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0018|   
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0019|   
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0020|   SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 211, as amended
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0021|   
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0022|   Amendment sponsored by Senator  
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0023|   
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0024|   
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0025|       1.  On page 4, line 21, after "in" insert "Subsection B of".
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0001|   
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0002|       2.  On page 5, between lines 18 and 19, insert the following new
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0003|   paragraph:
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0004|           
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0005|           "(13)  armed robbery, as provided in Section 30-16-2 NMSA
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0006|   1978;".
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0007|   
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0008|       3.  Renumber the succeeding paragraphs accordingly.
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0009|   
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0010|       4.  On page 6, line 8, after "order" insert ", the filing of a
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0011|   petition".
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0012|   
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0013|   
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0014|   
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0015|                                       __________________________
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0016|                                       
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0017|   
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0018|   
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0019|   
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0020|   Adopted ___________________   Not Adopted _______________________
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0021|            (Chief Clerk)                    (Chief Clerk)
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0022|   
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0023|   
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0024|                    Date _________________
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