HB 33 — EXTEND TIME LIMITS FOR PROSECUTION

HOUSE BILLCONSUMER AND PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR HOUSE BILLS 33 & 115 53RD LEGISLATURE - STATEOFNEWMEXICO-STATE OF NEW MEXICO - SECOND SESSION , 2018 INTRODUCED4 BY6 William8 "Bill"10 R.AN ACT RELATING TO CRIMINAL PROCEDURE;

RehmPROVIDING andNO AntonioTIME "Moe"LIMITATION MaestasFOR andPROSECUTION YvetteOF HerrellSECOND 7DEGREE 9MURDER. AN ACT RELATING TO CRIMINAL LAW;

PROVIDING14 FORBE AIT SIX-YEARENACTED TIMEBY LIMITATIONTHE FORLEGISLATURE PROSECUTINGOF FIRSTTHE DEGREESTATE FELONYOF TRAFFICKINGNEW CONTROLLEDMEXICO: SUBSTANCES;

EXTENDINGSECTION THE1. TIME LIMITATION FOR 14 PROSECUTING THE CRIMES OF CONSPIRACY AND TAMPERING WITH EVIDENCE TO COINCIDE WITH THE TIME LIMITATION FOR THE UNDERLYING CRIME;

PROVIDINGSection NO30-1-8 TIMENMSA LIMITATION1978 FOR(being PROSECUTINGLaws e1963, tChapter 17303, OTHERSection FIRST1-8, DEGREEas FELONIESamended) ORis SECONDamended DEGREEto MURDER.read:

we lt n17 d"30-1-8. 18 = = 19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

TIME LIMITATIONS FOR COMMENCING PROSECUTION.--A w l n d 18 person shall not be prosecuted, tried or punished in any court = = 19 of this state unless the indictment is found or information or a l i a e r 20 SECTIONcomplaint 1.is filed within the time as provided:

Section 30-1-8 NMSA 1978 (being Laws 1963, a t m m 21 ChapterA. 303, Section 1-8, as amended) is amended to read:

for a second degree felony, except for murder in d r e 22 "30-1-8.the second degree, within six years from the time the crime was c e s k 23 committed;

TIME LIMITATIONS FOR COMMENCING PROSECUTION.--A c e s k 23 person shall not be prosecuted, tried or punished in any court e a n b 24 ofB. this state unless the indictment is found or information or u [ complaint is filed within the time as provided:

.208995.1for A.a third or fourth degree felony, within five u [ years from the time the crime was committed;

for.210000.1 aHCPAC/HB second33 degree& felony,115 exceptC. for murder in the second degree, and for first degree felony trafficking controlled substances pursuant to Section 30-31-20 NMSA 1978, within six years from the time the crime was committed;

B.

for a third or fourth degree felony, within five years from the time the crime was committed;

C.

for theany crime ofagainst conspiracyor pursuantviolation toof Section 30-28-251-1-38 NMSA 1978, within thethree sameyears timefrom periodthe astime the highest crime conspiredwas tocommitted; be committed would be prosecuted;

for thea crimefelony of tampering with evidence pursuant to Section 30-22-57-1-71.3, 7-1-72 or 7-1-73 NMSA 1978, within thefive sameyears timefrom periodthe astime the highest crime for which the tampering with e e 17 evidence was committedcommitted; would be prosecuted;

eprovided ethat nfor da 18series [E.]of G.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;

forG. any crime against or violation of = = l ] 19 Section 51-1-38 NMSA 1978, within three years from the time the a l r i 20 crime was committed;

t e a t [F.] H.

for a felony pursuant to Section 7-1-71.3, m m 21 e d r e 22 7-1-72 or 7-1-73 NMSA 1978, within five years from the time the c e r c 23 crime was committed;

provided that for a series of crimes e a n b 24 involving multiple filing periods within one calendar year, the u [ limitation shall begin to run on December 31 of the year in .208995.1 - 2 - which the crimes occurred;

[G.] I.

]e J.e 17 H.

for any crime not contained in the Criminal [H.Code e e n d 18 or where a limitation is not otherwise provided for, within = = l ] 19 three years from the time the crime was committed;

Codeand or where a limitationl isr noti otherwise20 providedI. for, within three years from the time the crime was committed;

for a capital felony or a first degree violent t e a t felony or murder in the second degree , no limitation period m m 21 e d shall exist and [I.]prosecution K.for these crimes may commence at r e 22 c e r c 23 any time after the occurrence of the crime." e a n b 24 SECTION 2.

forEFFECTIVE aDATE.--The capitaleffective felonydate [or],of athe firstu degree[ violentprovisions felony, except as provided in Subsection A of this section,act oris murderJuly in1, the2018. second degree, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime." SECTION 2.

EFFECTIVE.210000.1 DATE.--The- effective2 date- of the provisions of this act is July 1, 2018.

- 3 - e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .208995.1