STATUTE OF LIMITATIONS FOR CERTAIN SEX CRIMES

SJC/SB 41
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AN ACT
RELATING TO CRIME; ELIMINATING THE STATUTE OF LIMITATIONS FOR
CERTAIN SEXUAL CRIMES; MAKING CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-1-8 NMSA 1978 (being Laws 1963,
Chapter 303, Section 1-8, as amended) is amended to read:
"30-1-8. TIME LIMITATIONS FOR COMMENCING
PROSECUTION.--A person shall not be prosecuted, tried or
punished in any court of this state unless the indictment is
found or information or complaint is filed within the time as
provided:
A. except as provided in Subsection H of this
section:
(1) for a second degree felony, within six
years from the time the crime was committed; and
(2) for a third or fourth degree felony,
within five years from the time the crime was committed;
B. for a misdemeanor, within two years from the
time the crime was committed;
C. for a petty misdemeanor, within one year from
the time the crime was committed;
D. for any crime against or violation of Section
51-1-38 NMSA 1978, within three years from the time the crime
was committed;
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E. for a felony pursuant to Section 7-1-71.3,
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 limitation shall begin to run on December 31 of the year
in which the crimes occurred;
F. for an identity theft crime pursuant to Section
30-16-24.1 NMSA 1978, within five years from the time the
crime was discovered;
G. for any crime not contained in the Criminal
Code or where a limitation is not otherwise provided for,
within three years from the time the crime was committed; and
H. no limitation period shall exist and
prosecution for the following crimes may commence at any time
after the occurrence of:
(1) a capital felony, as provided in Section
31-18-14 NMSA 1978;
(2) a first degree violent felony;
(3) second degree murder, as provided in
Subsection B of Section 30-2-1 NMSA 1978;
(4) second degree criminal sexual contact of
a minor, as provided in Section 30-9-13 NMSA 1978; or
(5) second degree criminal sexual
penetration, as provided in Section 30-9-11 NMSA 1978.”
SECTION 2. Section 30-1-9.1 NMSA 1978 (being Laws 1987,
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Chapter 117, Section 1) is amended to read:
"30-1-9.1. OFFENSES AGAINST CHILDREN--ALLEGED
VIOLATIONS FOR THE ABANDONMENT OR ABUSE OF A CHILD--TOLLING OF
STATUTE OF LIMITATIONS.--The applicable time period for
commencing prosecution pursuant to Section 30-1-8 NMSA 1978
shall not commence to run for an alleged violation of
abandonment or abuse of a child, as provided in Section 30-6-1
NMSA 1978, a third or fourth degree felony as provided in
Section 30-9-11 NMSA 1978 or a third or fourth degree felony
as provided in Section 30-9-13 NMSA 1978 until the victim
attains the age of eighteen or the violation is reported to a
law enforcement agency, whichever occurs first."
SECTION 3. Section 30-1-9.2 NMSA 1978 (being Laws 2003,
Chapter 257, Section 1) is amended to read:
"30-1-9.2. CRIMINAL SEXUAL PENETRATION--TOLLING OF
STATUTE OF LIMITATIONS.--
A. When DNA evidence is available and a suspect
has not been identified, the applicable time period for
commencing a prosecution pursuant to Section 30-1-8 NMSA 1978
shall not commence to run for an alleged violation of a third
or fourth degree felony pursuant to Section 30-9-11 NMSA 1978
until a DNA profile is matched with a suspect.
B. As used in this section, "DNA" means
deoxyribonucleic acid."