Bill > HB77

This bill reinstates the death penalty in New Mexico. The key provisions are: - Defendants convicted of a capital felony can be sentenced to life imprisonment, life imprisonment without parole, or death. The death penalty is only applicable to certain aggravating circumstances, such as murder during a kidnapping or while attempting to escape from prison. - The sentencing process involves a separate hearing after the guilt phase, where the jury or judge weighs aggravating and mitigating circumstances to determine the sentence. Those under 18 at the time of the crime cannot be sentenced to death. - The bill prohibits executing individuals with intellectual disabilities and establishes procedures for determining if a defendant is insane or pregnant at the time of execution. - It requires the execution to be carried out by lethal injection within the state penitentiary, with specific guidelines around who can be present. - The bill appropriates funding to the corrections department and courts to cover costs associated with reinstating the death penalty. - The new death penalty provisions only apply to crimes committed on or after the effective date of the bill.

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=77&year=24