HB 77 REINSTATE DEATH PENALTY

Rep John Block

Actions: HPREF [2] not prntd-HRC

Scheduled: Not Scheduled

 House Bill 77 (HB 77) reinstates the death penalty and provides for sentencing procedures, mitigating circumstances, automatic review by the supreme court, requires execution by lethal injection, and prohibits the execution of certain persons. The bill also makes appropriations to the Corrections Department and Administrative Office of the Courts.  

 House Bill 77 (HB 77) reinstates the death penalty as a sentencing option for a defendant convicted of a capital felony.  Currently, a person convicted of a capital felony can only be sentenced to life imprisonment or life imprisonment with the possibility of release or parole.  This bill allows all three options – the death penalty, life imprisonment, and life without parole – on all defendants who were over 18 at the time of the commission of the crime.  The bill adds that a defendant who was under 18 at the time of the offense can only be sentenced to life imprisonment or life without parole.  The death penalty is to be administered by lethal injection.  

HB 77 clarifies that a repeat offender will be punished by life imprisonment for their third violent felony when not given the death penalty.  
The bill provides the procedure for a jury to determine whether to impose the death sentence, life imprisonment, or life without parole. The jury must consider aggravating and mitigating circumstances.  The jury must unanimously find, beyond a reasonable doubt, at least one of the aggravating circumstances in order for the court to sentence a defendant to death. If a jury is not involved, the judge determines the sentence under the same guidelines. 

There are four aggravating circumstances: (1) the victim was a peace officer acting in the lawful discharge of an official duty, (2) the victim was a child under 18; (3) while incarcerated, the defendant intentionally murdered an employee of the penal institution, including jails; or (4) the defendant attempted to harm or kill a peace officer who was acting in the lawful discharge of an official duty.  

A sentence of death cannot be imposed if the mitigating circumstances outweigh the aggravating circumstances. Mitigating circumstances include no significant criminal history, acting under duress, impaired capacity, influence of a mental or emotional disturbance, victim was a willing participant, defendant is likely to be rehabilitated, the defendant cooperated, and the defendant’s age.  

A sentence of death is automatically reviewed by the supreme court, and the death penalty will not be imposed if evidence does not support the finding of aggravated circumstances, the sentence was imposed arbitrarily or was excessive or disproportionate to similar cases.  If there were errors in the sentencing proceeding, the supreme court can remand for a new sentencing proceeding, but the conviction is not reversed.  

The bill forbids the use of the death penalty on those with an intellectual disability (IQ lower than 70. 

The bill provides the procedure for carrying out an execution, and allows the governor to suspend an execution.  The warden may also suspend an execution if there is reason to believe the defendant has become insane or is pregnant. If the court finds that the defendant is insane, the defendant is taken to the New Mexico Behavioral Health Institute and kept until sanity is restored. If a court finds that the defendant is pregnant, the governor must tell the warden when to carry out the execution.   

HB 77 appropriates $1,065,000 from the General Fund to the Corrections Department and $500,000 to the Administrative Office of the Courts for use in Fiscal Year 2025 to cover costs associated with this act, and unspent funds revert to the General Fund. 

This bill only applies to capital felonies committed on or after the effective date of the act. 
 

 Currently, the death penalty is not a sentencing option in New Mexico.  

 Relates to Senate Bill 227069