SB 55 — NO LIMITATION FOR CRIMES AGAINST CHILDREN

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR SENATE BILL 55 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.

It is a tool to show the amendments in context and is not to be used for the purpose of amendments.

EXTENDING TIME LIMITS FOR h PROSECUTING CERTAIN OFFENSES AGAINST CHILDREN;

MAKING TECHNICAL g o AND CONFORMING CHANGES.

t6 hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

h , t, SECTION 1.

Section 30-1-8 NMSA 1978 (being Laws 1963, e u g e b l e e h Chapter 303, Section 1-8, as amended) is amended to read:

n d d i = = o h "30-1-8.

TIME LIMITATIONS FOR COMMENCING PROSECUTION.--APROSECUTION.-- lA ] b ,d i a º e person shall not be prosecuted, tried or punished in any court r i = r t e w d m a n o of this state unless the indictment is found or information or dcomplaint mis :filed within the time as provided:

b e d s º o t n = .213842.1 s k m e e a n e d r e l u [ A d SJC/SB 55 complaint is filed within the time as provided:

SJC/SB 55 F.

for a felony pursuant to Section 7-1-71.3, Page 1 7-1-72 or 7-1-73 NMSA 1978, within five years from the time the crime was committed;

provided that for a series of crimes involving multiple filing periods within one calendar year, the h limitation shall begin to run on December 31 of the year in g o which the crimes occurred;

t hr g e i k G.

for an identity theft crime pursuant to Section h r i s 30-16-24.1 NMSA 1978, within five years from the time the crime h , t, was discovered;

e u g e b l e e h H.

for any crime not contained in the Criminal Code n d d i = = o h or where a limitation is not otherwise provided for, within l ] b ,d i a º e three years from the time the crime was committed;

[and ] r i = r t e w d I.

for a capital felony or a first degree violent mfelony, ano nlimitation operiod dshall mexist :and prosecution for these crimes may commence at any time after the occurrence of the crime;

b e d s º o t n = .213842.1 s k m e - 2 - e a n e d r e l u [ A d felony, no limitation period shall exist and prosecution for these crimes may commence at any time after the occurrence of the crime;

for a crime against a child in violation of HJC2ºHJCºSection 30-6A-3 Subsection D of Section 30-6A-3 or Section»HJC Section 30-9-11 NMSA 1978»HJC2,1978 30-6A-4,, 30-9-11 or 30-9-13 NMSA 1978, prosecution for these crimes may commence at any time after the occurrence of the crime and until the alleged victim reaches the age of HJC2ºthirty-five years thirty years;

provided that this subsection shall not apply to violent first degree felonies or to Paragraph (1) of Subsection G of Section 30-9-11 NMSA 1978.»HJC21978." HJC2ºHJCº;SECTION 2.

provided that this subsection shall not apply to violent first degree felonies or to Paragraph (1) of Subsection G of Section 30-9-11 NMSA 1978.»HJC»HJC2" SECTION 2.

SJC/SB 55 "30-1-9.1.

OFFENSES AGAINST CHILDREN--TOLLING OF Page 2 STATUTE OF LIMITATIONS.--The applicable time period for commencing h prosecution pursuant to Section 30-1-8 NMSA 1978 shall not u » r commence to run for an alleged violation of Section 30-6-1 t h g e l i [30-9-11 or 30-9-13 ] NMSA 1978 until the victim attains the age h r i s of eighteen or the violation is reported to a law enforcement h , e h agency, whichever occurs first." tSJC/SB u55 gPage e b l e e , gh - 3 -8 n25 d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .213842.1 s k m e e a n e d r e l u [ A d