0001| HOUSE BILL 230
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| FRANK BIRD
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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|
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0011| AN ACT
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0012| RELATING TO CRIMINAL LAW; PROVIDING ADDITIONAL AGGRAVATING
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0013| CIRCUMSTANCES THAT MAY BE CONSIDERED BY A SENTENCING COURT OR
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0014| JURY IN A CAPITAL FELONY CASE; AMENDING A SECTION OF THE NMSA
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0015| 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 31-20A-5 NMSA 1978 (being Laws 1979,
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0019| Chapter 150, Section 6, as amended) is amended to read:
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0020| "31-20A-5. AGGRAVATING CIRCUMSTANCES.--The aggravating
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0021| circumstances to be considered by the sentencing court or jury
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0022| pursuant to the provisions of Section 31-20A-2 NMSA 1978 are
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0023| limited to the following:
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0024| A. the victim was a peace officer who was acting in
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0025| the lawful discharge of an official duty when he was murdered;
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0001| B. the murder was committed with intent to kill in
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0002| the commission of or attempt to commit [kidnaping]
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0003| kidnapping, criminal sexual contact of a minor or criminal
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0004| sexual penetration;
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0005| C. the murder was committed with the intent to kill
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0006| by the defendant while attempting to escape from a penal
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0007| institution of New Mexico;
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0008| D. while incarcerated in a penal institution in New
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0009| Mexico, the defendant, with the intent to kill, murdered a
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0010| person who was at the time incarcerated in or lawfully on the
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0011| premises of a penal institution in New Mexico. As used in this
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0012| subsection, "penal institution" includes facilities under the
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0013| jurisdiction of the corrections [and criminal rehabilitation]
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0014| department and county and municipal jails;
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0015| E. while incarcerated in a penal institution in New
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0016| Mexico, the defendant, with the intent to kill, murdered an
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0017| employee of the corrections [and criminal rehabilitation]
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0018| department;
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0019| F. the capital felony was committed for hire;
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0020| [and]
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0021| G. the capital felony was murder of a witness to a
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0022| crime or any person likely to become a witness to a crime, for
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0023| the purpose of preventing report of the crime or testimony in
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0024| any criminal proceeding or for retaliation for the victim having
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0025| testified in any criminal proceeding;
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0001| H. the murder was committed with intent to kill in
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0002| the commission of or attempt to commit shooting at a dwelling or
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0003| occupied building or shooting at or from a motor vehicle, as
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0004| provided in Section 30-3-8 NMSA 1978;
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0005| I. the murder was committed with intent to kill in
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0006| the commission of or attempt to commit:
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0007| (1) trafficking controlled substances, as
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0008| provided in Section 30-31-20 NMSA 1978;
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0009| (2) distribution of controlled substances to a
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0010| minor, as provided in Section 30-31-21 NMSA 1978; or
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0011| (3) distribution of controlled or counterfeit
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0012| substances, as provided in Section 30-31-22 NMSA 1978; and
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0013| J. the defendant, with the intent to kill, murdered
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0014| two or more people during the same occurrence."
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0015|
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