SB 182 — THREATENING A PUBLIC OFFICIAL CRIME

SENATE BILL 182 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Joseph Cervantes 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby CRIME;a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

CREATINGThe THEdocument CRIMEis OFa THREATENINGtool Ato PUBLICshow OFFICIAL.amendments in context and cannot be used for the purpose of adding amendments to legislation.

14h BEAN ITACT ENACTEDg BYo THERELATING LEGISLATURETO OFCRIME; THE STATE OF NEW MEXICO:

SECTIONCREATING 1.THE CRIME OF THREATENING A PUBLIC t hr g e i k OFFICIAL.

Sectionh 30-20-13r NMSAi 1978s (beingh Laws, 1970,t, ChapterBE 86,IT SectionENACTED 2,BY asTHE amended)LEGISLATURE isOF amendedTHE toSTATE read:OF NEW MEXICO:

e tu 17g "30-20-13.e b l e e h SECTION 1.

THREATENINGSection A30-20-13 PUBLICNMSA OFFICIAL--INTERFERENCE1978 w(being lLaws 1970, n d 18d WITHi MEMBERS OF STAFF, PUBLIC OFFICIALS OR THE GENERAL PUBLIC-- = = 19o ah lChapter TRESPASS--DAMAGE86, TOSection PROPERTY--MISDEMEANORS--PENALTIES.--2, ias aamended) eis ramended 20to A.read:

Nol person] shallb threaten,d ai public official with a tº me m"30-20-13. 21 the intent to:

dTHREATENING A PUBLIC OFFICIAL --INTERFERENCE r i = r t e 22w (1)d causem actuala harmn too theWITH publicMEMBERS official;OF STAFF, PUBLIC OFFICIALS OR THE GENERAL PUBLIC-- d m :

cb e d s kº 23o (2)t placen the= public.218711.1AIC officialFebruary in19, fear2021 of(5:41pm) greats k m e e a n be 24d bodilyr harm;e l u [ A d TRESPASS--DAMAGE TO PROPERTY--MISDEMEANORS--PENALTIES.-- A.

orNo uperson [shall (3)threaten preventa orpublic interruptofficial thewith ability to carry .218711.1 out the publicintent official'sto: job duties.

(1) cause actual SHPACºbodily»SHPAC harm to the public official;

(2) place the public official in fear of great bodily harm;

or (3) prevent or interrupt the ability to carry out the public official's job duties.

(2) lawful use of the building or facility or h the land on which it is situated;

or g o t hr (3) the right of lawful ingress and egress to g e i k the building or facility or the land on which it is situated.

[B.]h C.r i s [B.

No] personC. shall, at or in any building or other facility or property owned, operated or controlled by the state or any of its political [subdivision] subdivisions, willfully impede the staff or a public official or a member of the general public through the use of restraint, abduction, e t 17 coercion or intimidation or when force and violence are present w l n d 18 or threatened.

No person shall, at or in any building or h , t, other facility or property owned, operated or controlled by the e u g e b l e e h state or any of its political [subdivision ] subdivisions, n d d i = = 19o h willfully impede the staff or a public official or a member of l [C.]] D.b ,d i a º e the general public through the use of restraint, abduction, r i = r t e w d m a n o coercion or intimidation or when force and violence are present d m :

Nob person shall willfully refuse or fail to i a e rd 20s leaveº theo property of or any building or other facility owned, a t mn m= 21.218711.1AIC operatedFebruary or19, controlled2021 by(5:41pm) the state or any of its political d r e 22 subdivisions when requested to do so by a lawful custodian of c e s k 23m thee building,- facility2 or- property if the person is committing, e a n be 24d threatensr toe commitl or incites others to commit any act [which] u [ thatA wouldd disrupt, impair, interfere with or obstructthreatened. the .218711.1 - 2 - lawful mission, processes, procedures or functions of the property, building or facility.

[D.][C. E.

No] personD. shall willfully interfere with the educational process of any public or private school by committing, threatening to commit or inciting others to commit any act [which] that would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of a public or private school.

[E.]No F.person shall willfully refuse or fail to leave the property of or any building or other facility owned, operated or controlled by the state or any of its political subdivisions when requested to do so by a lawful custodian of the building, facility or property if the person is committing, threatens to commit or incites others to commit any act [which ] that would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of the property, building or facility.

Nothing[D. in this section shall be construed to prevent lawful assembly and peaceful and orderly petition for the redress of grievances, including any labor dispute.

[F.]] G.E.

AnyNo person whoshall violateswillfully anyinterfere ofwith the provisionseducational process of thisany sectionpublic shallor beprivate deemedschool guiltyby committing, threatening to commit or inciting others to commit any act [which ] that would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of a pettypublic misdemeanor.or private school.

H.h [E.

As] usedF. in this section, "public official" means a person elected to an office of the executive or legislative e t 17 branch of the state, a person elected or appointed to an office w l n d 18 in a political subdivision of the state, a person appointed to = = 19 a l a public agency, a judge or a supreme court justice." i a e r 20 - 3 - a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .218711.1

Nothing in this section shall be construed g o t hr to prevent lawful assembly and peaceful and orderly petition g e i k for the redress of grievances, including any labor dispute.

h r i s [F.

] G.

Any person who violates any of the h , t, provisions of this section shall be deemed guilty of a petty e u g e b l e e h misdemeanor.

n d d i = = o h H.

As used in this section, "public official" means l ] b ,d i a º e a person elected to an office of the executive or legislative r i = r t e w d m a n o branch of the state, a person elected or appointed to an office d m :

b e d s º o t n = .218711.1AIC February 19, 2021 (5:41pm) s k m e - 3 - e a n e d r e l u [ A d in a political subdivision of the state, a person appointed to a public agency, a judge or a supreme court justice." - 4 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .218711.1AIC February 19, 2021 (5:41pm) s k em e e a n e d r e l u [ A d