46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; INCREASING THE DOLLAR AMOUNT FOR WRITING A BAD CHECK BEFORE IT BECOMES A FELONY OFFENSE; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 30-36-5 NMSA 1978 (being Laws 1965, Chapter 114, Section 1) is amended to read:

"30-36-5. PENALTY.--[Any] A person [violating] who violates Section [40-49-4 New Mexico Statutes Annotated, 1953 Compilation] 30-36-4 NMSA 1978 shall be punished as follows:

A. when the amount of the check, draft or order or the total amount of the checks, drafts or orders [are] is for more than one dollar ($1.00) but less than [twenty-five dollars ($25.00)] two hundred fifty dollars ($250), the person shall be sentenced to imprisonment in the county jail for a term of not more than thirty days or a fine of not more than one hundred dollars ($100), or both [such imprisonment and fine]; or

B. when the amount of the check, draft or order or the total amount of the checks, drafts or orders [are] is for [twenty-five dollars ($25.00)] two hundred fifty dollars ($250) or more, the person shall be sentenced to imprisonment in the penitentiary for a term of not less than one year [nor] or more than three years or the payment of a fine of not more than one thousand dollars ($1,000), or both [such imprisonment and fine]."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.