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SENATE BILL 187
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Crystal Brantley
AN ACT
RELATING TO CAPITAL FELONY SENTENCING; ALLOWING FOR THE DEATH
PENALTY FOR MURDERING A PEACE OFFICER.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 31-20A-2 NMSA 1978 (being Laws 1979,
Chapter 150, Section 3, as amended) is amended to read:
"31-20A-2. CAPITAL FELONY--DETERMINATION OF SENTENCE.--
A. If a jury finds, beyond a reasonable doubt, that
one or more aggravating circumstances exist, as enumerated in
Section 31-20A-5 NMSA 1978, the defendant shall be sentenced to
life imprisonment without possibility of release or parole;
provided that the defendant may be sentenced to death if the
aggravating circumstance was that the victim was a peace
officer who was:
(1) acting in the lawful discharge of an
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official duty when the peace officer was murdered; or
(2) not acting in the lawful discharge of an
official duty, but the defendant targeted the victim because of
the victim's status as a peace officer.
B. If the jury does not make the finding that one
or more aggravating circumstances exist, as enumerated in
Section 31-20A-5 NMSA 1978 , the defendant shall be sentenced to
life imprisonment."
SECTION 2. Section 31-20A-5 NMSA 1978 (being Laws 1979,
Chapter 150, Section 6, as amended) is amended to read:
"31-20A-5. AGGRAVATING CIRCUMSTANCES.--The aggravating
circumstances to be considered by the sentencing court or jury
pursuant to the provisions of Section 31-20A-2 NMSA 1978 are
limited to the following:
A. the victim was a peace officer who was acting in
the lawful discharge of an official duty when [he ] the peace
officer was murdered;
B. the victim was a peace officer who was not
acting in the lawful discharge of an official duty, but the
defendant targeted the victim because of the victim's status as
a peace officer;
[B.] C. the murder was committed with intent to
kill in the commission of or attempt to commit [kidnaping ]
kidnapping, criminal sexual contact of a minor or criminal
sexual penetration;
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[C.] D. the murder was committed with the intent to
kill by the defendant while attempting to escape from a penal
institution of New Mexico;
[D.] E. while incarcerated in a penal institution
in New Mexico, the defendant, with the intent to kill, murdered
a person who was at the time incarcerated in or lawfully on the
premises of a penal institution in New Mexico. As used in this
subsection, "penal institution" includes facilities under the
jurisdiction of the corrections [and criminal rehabilitation ]
department and county and municipal jails;
[E.] F. while incarcerated in a penal institution
in New Mexico, the defendant, with the intent to kill, murdered
an employee of the corrections [and criminal rehabilitation ]
department;
[F.] G. the capital felony was committed for hire;
and
[G.] H. the capital felony was murder of a witness
to a crime or any person likely to become a witness to a crime,
for the purpose of preventing report of the crime or testimony
in any criminal proceeding or for retaliation for the victim
having testified in any criminal proceeding."
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