0001|                           SENATE BILL 1245
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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|                          FERNANDO R. MACIAS
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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; CREATING NEW CRIMINAL OFFENSES
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0012|     INVOLVING ASSAULT OR BATTERY UPON A STATE EMPLOYEE; PROVIDING
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0013|     PENALTIES; ENACTING A NEW SECTION OF THE CRIMINAL CODE.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  A new section of the Criminal Code is enacted
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0017|     to read:
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0018|          "[<u>NEW MATERIAL</u>]  ASSAULT--BATTERY--STATE EMPLOYEES.--
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0019|               A.  Assault upon a state employee consists of:
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0020|                    (1)  an attempt to commit a battery upon the
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0021|     person of a state employee engaged in the lawful discharge of
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0022|     his duties; or
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0023|                    (2)  any unlawful act, threat or menacing
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0024|     conduct that causes a state employee engaged in the lawful
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0025|     discharge of his duties to reasonably believe that the employee
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0001|     is in danger of receiving an immediate battery.
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0002|          Whoever commits assault upon a state employee is guilty of
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0003|     a misdemeanor.
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0004|               B.  Aggravated assault upon a state employee
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0005|     consists of:
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0006|                    (1)  using a deadly weapon when assaulting or
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0007|     striking at a state employee engaged in the lawful discharge of
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0008|     his duties;
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0009|                    (2)  wearing a mask, hood, robe or other
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0010|     covering upon the face, head or body, or using any other
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0011|     disguise in any manner, so as to conceal identity when 
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0012|     threatening or menacing a state employee engaged in the lawful
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0013|     discharge of his duties; or
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0014|                    (3)  assaulting with intent to commit any other
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0015|     felony on a state employee engaged in the lawful discharge of
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0016|     his duties.
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0017|          Whoever commits aggravated assault upon a state employee
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0018|     is guilty of a fourth degree felony.
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0019|               C.  Assault with intent to commit a violent felony
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0020|     upon a state employee consists of assaulting with intent to
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0021|     kill a state employee engaged in the lawful discharge of his
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0022|     duties.
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0023|          Whoever commits assault with intent to commit a violent
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0024|     felony upon a state employee is guilty of a second degree
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0025|     felony.
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0001|               D.  Battery upon a state employee consists of the
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0002|     unlawful, intentional touching or application of force to the
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0003|     person of a state employee engaged in the lawful discharge of
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0004|     his duties, when the unlawful, intentional touching or
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0005|     application of force is done in a rude, insolent or angry
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0006|     manner.
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0007|          Whoever commits battery upon a state employee is guilty of
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0008|     a fourth degree felony.
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0009|               E.  Aggravated battery upon a state employee
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0010|     consists of the unlawful touching or application of force with
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0011|     intent to injure the person of a state employee engaged in the
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0012|     lawful discharge of his duties.
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0013|          Whoever commits aggravated battery upon a state employee
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0014|     that is not likely to cause the death of or great bodily harm
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0015|     to a state employee but does cause painful temporary
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0016|     disfigurement or temporary loss or impairment of the functions
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0017|     of any member or organ of the body of a state employee is
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0018|     guilty of a fourth degree felony.
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0019|          Whoever commits aggravated battery upon a state employee
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0020|     that inflicts great bodily harm, or that is done with a deadly
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0021|     weapon or in any manner whereby great bodily harm or death can
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0022|     be inflicted, is guilty of a third degree felony.
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0023|               F.  Every person who assists or is assisted by one
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0024|     or more other persons to commit a battery or aggravated battery
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0025|     upon a state employee is guilty of fourth degree felony.
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0001|               G.  As used in this section:
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0002|                    (1)  "lawful discharge of his duties" means any
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0003|     conduct that a state employee is requested, required or
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0004|     authorized to perform by the state as part of his employment,
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0005|     regardless of the time or place of performance; and
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0006|                    (2)  "state employee" means any officer or
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0007|     employee of the state or any of its branches, agencies,
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0008|     departments, boards, instrumentalities or institutions, whether
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0009|     the officer or employee is compensated or uncompensated, but
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0010|     does not include independent contractors."
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0011|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0012|     provisions of this act is July 1, 1997.
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0013|                                            
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