0001|                            HOUSE BILL 551
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                         HENRY KIKI SAAVEDRA
    |
0005|     
    |
0006|     
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO CRIMES; DEFINING CRIMES INVOLVING ASSAULT OR
    |
0012|     BATTERY AGAINST STATE EMPLOYEES; PROVIDING PENALTIES.
    |
0013|     
    |
0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0015|          Section 1.  A new Section 30-3-9.1 NMSA 1978 is enacted to
    |
0016|     read:
    |
0017|          "30-3-9.1.  [<u>NEW MATERIAL</u>]  ASSAULT--BATTERY--STATE
    |
0018|     EMPLOYEES.--
    |
0019|               A.  Assault upon a state employee consists of:
    |
0020|                    (1)  an attempt to commit a battery upon the
    |
0021|     person of a state employee engaged in the lawful discharge of
    |
0022|     his duties; or
    |
0023|                    (2)  any unlawful act, threat or menacing
    |
0024|     conduct that causes a state employee engaged in the lawful
    |
0025|     discharge of his duties to reasonably believe that the employee
    |
0001|     is in danger of receiving an immediate battery.
    |
0002|          Whoever commits assault upon a state employee is guilty of
    |
0003|     a misdemeanor.
    |
0004|               B.  Aggravated assault upon a state employee
    |
0005|     consists of:
    |
0006|                    (1)  using a deadly weapon when assaulting or
    |
0007|     striking at a state employee engaged in the lawful discharge of
    |
0008|     his duties;
    |
0009|                    (2)  wearing a mask, hood, robe or other
    |
0010|     covering upon the face, head or body, or using any other
    |
0011|     disguise in any manner, so as to conceal identity when 
    |
0012|     threatening or menacing a state employee engaged in the lawful
    |
0013|     discharge of his duties; or
    |
0014|                    (3)  assaulting with intent to commit any other
    |
0015|     felony on a state employee engaged in the lawful discharge of
    |
0016|     his duties.
    |
0017|          Whoever commits aggravated assault upon a state employee
    |
0018|     is guilty of a fourth degree felony.
    |
0019|               C.  Assault with intent to commit a violent felony
    |
0020|     upon a state employee consists of assaulting with intent to
    |
0021|     kill a state employee engaged in the lawful discharge of his
    |
0022|     duties.
    |
0023|          Whoever commits assault with intent to commit a violent
    |
0024|     felony upon a state employee is guilty of a second degree
    |
0025|     felony.
    |
0001|               D.  Battery upon a state employee consists of the
    |
0002|     unlawful, intentional touching or application of force to the
    |
0003|     person of a state employee engaged in the lawful discharge of
    |
0004|     his duties, when the unlawful, intentional touching or
    |
0005|     application of force is done in a rude, insolent or angry
    |
0006|     manner.
    |
0007|          Whoever commits battery upon a state employee is guilty of
    |
0008|     a fourth degree felony.
    |
0009|               E.  Aggravated battery upon a state employee
    |
0010|     consists of the unlawful touching or application of force with
    |
0011|     intent to injure the person of a state employee engaged in the
    |
0012|     lawful discharge of his duties.
    |
0013|          Whoever commits aggravated battery upon a state employee
    |
0014|     that is not likely to cause the death of or great bodily harm
    |
0015|     to a state employee but does cause painful temporary
    |
0016|     disfigurement or temporary loss or impairment of the functions
    |
0017|     of any member or organ of the body of a state employee is
    |
0018|     guilty of a fourth degree felony.
    |
0019|          Whoever commits aggravated battery upon a state employee
    |
0020|     that inflicts great bodily harm, or that is done with a deadly
    |
0021|     weapon or in any manner whereby great bodily harm or death can
    |
0022|     be inflicted, is guilty of a third degree felony.
    |
0023|               F.  Every person who assists or is assisted by one
    |
0024|     or more other persons to commit a battery or aggravated battery
    |
0025|     upon a state employee is guilty of fourth degree felony.
    |
0001|               G.  As used in this section:
    |
0002|                    (1)  "lawful discharge of his duties" means any
    |
0003|     conduct that a state employee is requested, required or
    |
0004|     authorized to perform by the state as part of his employment,
    |
0005|     regardless of the time or place of performance; and
    |
0006|                    (2)  "state employee" means any officer or
    |
0007|     employee of the state or any of its branches, agencies,
    |
0008|     departments, boards, instrumentalities or institutions, whether
    |
0009|     the officer or employee is compensated or uncompensated, but
    |
0010|     does not include independent contractors."
    |
0011|                                            
    |