HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 25

49th legislature - STATE OF NEW MEXICO - first session, 2009

AN ACT

RELATING TO CRIMINAL LAW; EXTENDING THE TIME LIMITATION FOR PROSECUTING THE CRIMES OF CONSPIRACY AND TAMPERING WITH EVIDENCE TO COINCIDE WITH THE TIME LIMITATION FOR THE UNDERLYING CRIME; PROVIDING A TEN-YEAR TIME LIMITATION FOR PROSECUTING A FIRST DEGREE FELONY; PROVIDING NO TIME LIMITATION FOR PROSECUTING CERTAIN VIOLENT FELONIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 30-1-8 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-8, as amended) is amended to read:

     "30-1-8. TIME LIMITATIONS FOR COMMENCING PROSECUTION.--          [No] A. A person shall not be prosecuted, tried or punished in any court of this state unless the indictment is found or information or complaint is filed [therefor] within the time as provided:

                (1) for a capital felony or a violent felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime;

                (2) for a first degree felony, within ten years from the time the crime was committed;

                [A.] (3) for a second degree felony, within six years from the time the crime was committed;

                [B.] (4) for a third or fourth degree felony, within five years from the time the crime was committed;

                [C.] (5) for a misdemeanor, within two years from the time the crime was committed;

                [D.] (6) for a petty misdemeanor, within one year from the time the crime was committed;

                (7) for the crime of conspiracy, within the same time period as the crime conspired to be committed would be prosecuted;

                (8) for the crime of tampering with evidence, within the same time period as the crime for which the tampering with evidence was committed would be prosecuted;                 [E.] (9) for any crime against or violation of Section 51-1-38 NMSA 1978, within three years from the time the crime was committed;

                [F.] (10) for a felony pursuant to [Sections] Section 7-1-71.3, 7-1-72 or 7-1-73 NMSA 1978 [or Section 4 of this 2005 act], within five years from the time the crime was committed; provided that for a series of crimes involving multiple filing periods within one calendar year, the limitation shall begin to run on December 31 of the year in which the crimes occurred; and

                [G.] (11) for any crime not contained in the Criminal Code or where a limitation is not otherwise provided for, within three years from the time the crime was committed. [and

          H. for a capital felony or a first degree violent felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime.]

          B. As used in this section, a "violent felony" means:

                (1) a first degree felony found in any of the following articles in the Criminal Code:

                     (a) homicide, Chapter 30, Article 2 NMSA 1978;

                     (b) kidnapping, Chapter 30, Article 4 NMSA 1978;

                     (c) crimes against children and dependents, Chapter 30, Article 6 NMSA 1978;

                     (d) sexual exploitation of children, Chapter 30, Article 6A NMSA 1978;

                     (e) sexual offenses, Chapter 30, Article 9 NMSA 1978; and

                     (f) human trafficking, Chapter 30, Article 52 NMSA 1978; or

                (2) murder in the second degree."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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