New Mexico 2025 Regular Session

New Mexico Senate Bill SB187 Compare Versions

Only one version of the bill is available at this time.

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28	28	SENATE BILL 187
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
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39	39	MEXICO
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42	42	FIRST SESSION
43	43	,
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45	45	2025
46	46	INTRODUCED BY
47	47	Crystal Brantley
48	48	AN ACT
49	49	RELATING TO CAPITAL FELONY SENTENCING; ALLOWING FOR THE DEATH
50	50	PENALTY FOR MURDERING A PEACE OFFICER.
51	51	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
52	52	SECTION 1. Section 31-20A-2 NMSA 1978 (being Laws 1979,
53	53	Chapter 150, Section 3, as amended) is amended to read:
54	54	"31-20A-2. CAPITAL FELONY--DETERMINATION OF SENTENCE.--
55	55	A. If a jury finds, beyond a reasonable doubt, that
56	56	one or more aggravating circumstances exist, as enumerated in
57	57	Section 31-20A-5 NMSA 1978, the defendant shall be sentenced to
58	58	life imprisonment without possibility of release or parole;
59	59	provided that the defendant may be sentenced to death if the
60	60	aggravating circumstance was that the victim was a peace
61	61	officer who was:
62	62	(1) acting in the lawful discharge of an
63	63	.230070.2 underscored material = new
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90	90	official duty when the peace officer was murdered; or
91	91	(2) not acting in the lawful discharge of an
92	92	official duty, but the defendant targeted the victim because of
93	93	the victim's status as a peace officer.
94	94	B. If the jury does not make the finding that one
95	95	or more aggravating circumstances exist, as enumerated in
96	96	Section 31-20A-5 NMSA 1978 , the defendant shall be sentenced to
97	97	life imprisonment."
98	98	SECTION 2. Section 31-20A-5 NMSA 1978 (being Laws 1979,
99	99	Chapter 150, Section 6, as amended) is amended to read:
100	100	"31-20A-5. AGGRAVATING CIRCUMSTANCES.--The aggravating
101	101	circumstances to be considered by the sentencing court or jury
102	102	pursuant to the provisions of Section 31-20A-2 NMSA 1978 are
103	103	limited to the following:
104	104	A. the victim was a peace officer who was acting in
105	105	the lawful discharge of an official duty when [he ] the peace
106	106	officer was murdered;
107	107	B. the victim was a peace officer who was not
108	108	acting in the lawful discharge of an official duty, but the
109	109	defendant targeted the victim because of the victim's status as
110	110	a peace officer;
111	111	[B.] C. the murder was committed with intent to
112	112	kill in the commission of or attempt to commit [kidnaping ]
113	113	kidnapping, criminal sexual contact of a minor or criminal
114	114	sexual penetration;
115	115	.230070.2
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143	143	[C.] D. the murder was committed with the intent to
144	144	kill by the defendant while attempting to escape from a penal
145	145	institution of New Mexico;
146	146	[D.] E. while incarcerated in a penal institution
147	147	in New Mexico, the defendant, with the intent to kill, murdered
148	148	a person who was at the time incarcerated in or lawfully on the
149	149	premises of a penal institution in New Mexico. As used in this
150	150	subsection, "penal institution" includes facilities under the
151	151	jurisdiction of the corrections [and criminal rehabilitation ]
152	152	department and county and municipal jails;
153	153	[E.] F. while incarcerated in a penal institution
154	154	in New Mexico, the defendant, with the intent to kill, murdered
155	155	an employee of the corrections [and criminal rehabilitation ]
156	156	department;
157	157	[F.] G. the capital felony was committed for hire;
158	158	and
159	159	[G.] H. the capital felony was murder of a witness
160	160	to a crime or any person likely to become a witness to a crime,
161	161	for the purpose of preventing report of the crime or testimony
162	162	in any criminal proceeding or for retaliation for the victim
163	163	having testified in any criminal proceeding."
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