Signed by Governor Bill Richardson

Vote Smart's Synopsis:

Vote to pass a bill that removes the death penalty as a possible sentence for those convicted of first degree murder for crimes committed on or after July 1, 2009, and specifies that the offender be sentenced to either life imprisonment or life imprisonment without the possibility of parole.

Highlights:

- Specifies that a jury shall sentence the defendant to life imprisonment without the possibility of parole if they find, beyond a reasonable doubt, that one or more of the following aggravating circumstances exist (Sec. 3):

- The victim was an on-duty peace officer; - The crime was committed with the intent to kill during the commission of or attempt to commit kidnapping, criminal sexual contact of a minor, or criminal sexual penetration; - The crime was committed with the intent to kill while attempting to escape from a penal institution; - The crime was committed while incarcerated in a penal institution with the intent to kill, and the victim was also incarcerated in the penal institution, was lawfully on the premises of the penal institution, or an employee of the corrections and criminal rehabilitation department; - The crime was committed for hire; or - The victim was a witness to a crime or any person likely to become a witness to a crime, for the purpose of preventing the victim from reporting the crime or testifying in a criminal proceeding, or for retaliation for the victim having testified in a criminal proceeding.

- Specifies that if the jury does not make the finding that one or more of the above aggravated circumstances exist, the defendant shall be sentenced to life imprisonment (Sec. 3). - Specifies that an inmate sentenced to life imprisonment without the possibility of parole shall remain incarcerated for the entirety of his or her natural life (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that removes the death penalty as a possible sentence for those convicted of first degree murder for crimes committed on or after July 1, 2009, and specifies that the offender be sentenced to either life imprisonment or life imprisonment without the possibility of parole.

Highlights:

- Specifies that a jury shall sentence the defendant to life imprisonment without the possibility of parole if they find, beyond a reasonable doubt, that one or more of the following aggravating circumstances exist (Sec. 3):

- The victim was an on-duty peace officer; - The crime was committed with the intent to kill during the commission of or attempt to commit kidnapping, criminal sexual contact of a minor, or criminal sexual penetration; - The crime was committed with the intent to kill while attempting to escape from a penal institution; - The crime was committed while incarcerated in a penal institution with the intent to kill, and the victim was also incarcerated in the penal institution, was lawfully on the premises of the penal institution, or an employee of the corrections and criminal rehabilitation department; - The crime was committed for hire; or - The victim was a witness to a crime or any person likely to become a witness to a crime, for the purpose of preventing the victim from reporting the crime or testifying in a criminal proceeding, or for retaliation for the victim having testified in a criminal proceeding.

- Specifies that if the jury does not make the finding that one or more of the above aggravated circumstances exist, the defendant shall be sentenced to life imprisonment (Sec. 3). - Specifies that an inmate sentenced to life imprisonment without the possibility of parole shall remain incarcerated for the entirety of his or her natural life (Sec. 4).

Full Bill Text