0001| HOUSE BILL 268
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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| PATSY G. TRUJILLO
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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 PROCEDURE; AMENDING THE VICTIMS OF CRIME
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0012| ACT; ADDING ARMED ROBBERY TO THE DEFINITION OF CRIMINAL
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0013| OFFENSE; ADDING A CERTAIN AGENCY TO THOSE RESPONSIBLE FOR
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0014| VICTIM NOTIFICATION.
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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. Section 31-26-3 NMSA 1978 (being Laws 1994,
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0018| Chapter 144, Section 3) is amended to read:
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0019| "31-26-3. DEFINITIONS.--As used in the Victims of Crime
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0020| Act:
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0021| A. "court" means magistrate court, metropolitan
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0022| court, children's court, district court, the court of appeals
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0023| or the supreme court;
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0024| B. "criminal offense" means:
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0025| (1) negligent arson resulting in death or
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0001| bodily injury, as provided in Subsection B of Section 30-17-5
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0002| NMSA 1978;
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0003| (2) aggravated arson, as provided in Section
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0004| 30-17-6 NMSA 1978;
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0005| (3) aggravated assault, as provided in Section
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0006| 30-3-2 NMSA 1978;
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0007| (4) aggravated battery, as provided in Section
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0008| 30-3-5 NMSA 1978;
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0009| (5) dangerous use of explosives, as provided
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0010| in Section 30-7-5 NMSA 1978;
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0011| (6) negligent use of a deadly weapon, as
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0012| provided in Section 30-7-4 NMSA 1978;
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0013| (7) murder, as provided in Section 30-2-1 NMSA
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0014| 1978;
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0015| (8) voluntary manslaughter, as provided in
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0016| Section 30-2-3 NMSA 1978;
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0017| (9) involuntary manslaughter, as provided in
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0018| Section 30-2-3 NMSA 1978;
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0019| (10) [kidnaping] kidnapping, as provided in
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0020| Section 30-4-1 NMSA 1978;
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0021| (11) criminal sexual penetration, as provided
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0022| in Section 30-9-11 NMSA 1978;
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0023| (12) criminal sexual contact of a minor, as
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0024| provided in Section 30-9-13 NMSA 1978;
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0025| (13) homicide by vehicle, as provided in
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0001| Section 66-8-101 NMSA 1978;
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0002| (14) great bodily injury by vehicle, as
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0003| provided in Section 66-8-101 NMSA 1978; [or]
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0004| (15) abandonment or abuse of a child, as
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0005| provided in Section 30-6-1 NMSA 1978; or
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0006| (16) armed robbery, as provided in Section
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0007| 30-16-2 NMSA 1978;
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0008| C. "court proceeding" means a hearing, argument or
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0009| other action scheduled by and held before a court;
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0010| D. "family member" means a spouse, child, sibling,
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0011| parent or grandparent;
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0012| E. "formally charged" means the filing of an
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0013| indictment, the filing of a criminal information pursuant to a
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0014| bind-over order, the filing of a petition or the setting of a
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0015| preliminary hearing;
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0016| F. "victim" means an individual against whom a
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0017| criminal offense is committed. "Victim" also means a family
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0018| member or a victim's representative when the individual against
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0019| whom a criminal offense was committed is a minor, is
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0020| incompetent or is a homicide victim; and
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0021| G. "victim's representative" means an individual
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0022| designated by a victim or appointed by the court to act in the
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0023| best interests of the victim."
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0024| Section 2. Section 31-26-11 NMSA 1978 (being Laws 1994,
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0025| Chapter 144, Section 11) is amended to read:
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0001| "31-26-11. PROCEDURES WHEN AN INMATE ESCAPES--CORRECTIONS
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0002| DEPARTMENT CHILDREN, YOUTH AND FAMILIES DEPARTMENT.--
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0003| A. The corrections department or the children,
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0004| youth and families department shall immediately notify the
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0005| sentencing judge, the district attorney of the judicial
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0006| district from which the inmate was committed and the probation
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0007| officer who authored the presentence report when an inmate:
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0008| (1) escapes from a correctional facility under
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0009| the jurisdiction of the corrections department or the
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0010| children, youth and families department; or
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0011| (2) convicted in New Mexico of a capital,
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0012| first degree or second degree felony and transferred to a
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0013| facility under the jurisdiction of another state, escapes from
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0014| that facility.
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0015| B. The district attorney shall immediately notify
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0016| any person known to reside in his district who was a victim of
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0017| the criminal offense for which the inmate was committed."
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0018| Section 3. Section 31-26-12 NMSA 1978 (being Laws 1994,
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0019| Chapter 144, Section 12) is amended to read:
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0020| "31-26-12. PROCEDURES WHEN AN INMATE IS RELEASED FROM
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0021| INCARCERATION ADULT PAROLE BOARD--CORRECTIONS
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0022| DEPARTMENT JUVENILE PAROLE BOARD--CHILDREN, YOUTH AND FAMILIES
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0023| DEPARTMENT--DISTRICT ATTORNEYS.--
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0024| A. The adult parole board and the juvenile
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0025| parole board shall provide a copy of [its] their
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0001| respective regular [docket] dockets to each district
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0002| attorney in the state at least ten working days before the
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0003| docket is considered by the board.
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0004| B. The adult parole board and the juvenile
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0005| parole board shall provide a copy of a supplemental, addendum
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0006| or special docket to each district attorney at least five
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0007| working days before the docket is considered by the board.
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0008| C. Following consideration of a docket by the
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0009| adult parole board [the] or the juvenile parole board,
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0010| each board shall promptly notify each district attorney of any
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0011| recommendations adopted by the board for release of an inmate
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0012| from incarceration. The district attorney shall notify any
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0013| person known to reside in his district who was a victim of the
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0014| criminal offense for which the inmate was incarcerated.
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0015| D. In the case of an inmate scheduled to be
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0016| released from incarceration without parole or prior to parole
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0017| for any reason, the corrections department or the children,
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0018| youth and families department shall notify each district
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0019| attorney at least fifteen working days before the inmate's
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0020| release. The district attorney shall notify any person known
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0021| to reside in his district who was a victim of the criminal
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0022| offense for which the inmate was incarcerated."
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0023| State of New Mexico
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0024| House of Representatives
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0025|
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0001| FORTY-THIRD LEGISLATURE
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0002| FIRST SESSION, 1997
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0003|
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0004|
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0005| February 7, 1997
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0006|
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0007|
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0008| Mr. Speaker:
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0009|
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0010| Your JUDICIARY COMMITTEE, to whom has been referred
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0011|
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0012| HOUSE BILL 268
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0013|
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0014| has had it under consideration and reports same with
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0015| recommendation that it DO PASS, and thence referred to the
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0016| APPROPRIATIONS AND FINANCE COMMITTEE.
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0017|
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0018| Respectfully submitted,
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0019|
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0020|
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0021|
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0022|
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0023|
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0024| Thomas P. Foy, Chairman
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0025|
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0001|
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0002| Adopted Not Adopted
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0003|
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006| Date
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0007|
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0008| The roll call vote was 9 For 0 Against
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0009| Yes: 9
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0010| Excused: King, Luna, Rios, Sanchez
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0011| Absent: None
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0012|
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0013|
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0014| G:\BILLTEXT\BILLW_97\H0268
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0015|
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0016| FORTY-THIRD LEGISLATURE HB 268/a
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0017| FIRST SESSION, 1997
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0018|
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0019|
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0020| March 19, 1997
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0021|
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0022| Mr. President:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| HOUSE BILL 268
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS, amended as follows:
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0005|
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0006| 1. On page 1, line 13, strike "A CERTAIN AGENCY" and insert
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0007| in lieu thereof "CERTAIN AGENCIES".
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0008|
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0009| 2. On page 2, line 1, after "injury" insert "or arson".
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0010|
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0011| 3. On page 2, line 1, strike "Subsection B of".
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0012|
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0013| 4. On page 3, line 5, strike "or".
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0014|
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0015| 5. On page 3, line 7, after the semicolon insert "or".
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0016|
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0017| 6. On page 3, between lines 7 and 8, insert the following
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0018| new paragraph:
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0019|
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0020| "(17) stalking or aggravated stalking, as provided
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0021| in the Harassment and Stalking Act;".
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0022|
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0023|
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0024| Respectfully submitted,
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0025|
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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| Fernando R. Macias, Chairman
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0006|
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0007|
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0008|
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0009| Adopted_______________________ Not
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0010| Adopted_______________________
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013|
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0014| Date ________________________
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0015|
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0016|
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0017| The roll call vote was 5 For 0 Against
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0018| Yes: 5
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0019| No: 0
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0020| Excused: Sanchez, Tsosie, Vernon
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0021| Absent: None
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0022|
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0023|
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0024| H0268JU1 .119128.1
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0025|
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