When you read the death penalty bill passed by the GOP-controlled NM House, you realize just how MESSED UP the Governor and the GOP sponsors are. The statute has all kinds of nasty stuff in it including a provision to examine an “allegedly pregnant women” “in the presence of the court” to prevent executing a pregnant women while she’s pregnant. (Quoting Danny Hernandez who sent me the bill) Under the law, the State will be able to execute the woman after the baby is born, BUT WHO TAKES CARE OF THE CHILD AFTER THE CHILD IS BORN????. Here is the language in the statute:
- If there is good reason to believe that a female defendant who was sentenced to death is pregnant, the warden shall call that fact to the attention of the district attorney of the county in which the state penitentiary is situated. The district attorney shall immediately file in the district court of the county a petition, stating the conviction and judgment and the fact that the defendant may be pregnant and asking that the court inquire into the question of the defendant’s pregnancy. It shall be the duty of the district court to inquire into the question and render a judgment. The court may summon three disinterested physicians of good standing in their profession to inquire into the alleged pregnancy. The physicians shall, in the presence of the court, but with closed doors, if requested by the defendant, examine the defendant, hear any evidence that may be produced and make a written finding and certificate of their conclusion, to be approved by the court. The provisions of Section 15 of this 2016 act apply to the proceedings provided in this subsection.
- If it is found that the female defendant is not pregnant, the warden shall execute the judgment. If it is found that the female defendant is pregnant, the warden shall suspend the execution of the judgment and transmit a certified copy of the finding and certificate to the governor. When the governor receives from the warden a certificate that the female defendant is no longer pregnant, the governor shall issue to the warden a warrant appointing a day for the execution of the judgment.”