HOUSE BILL 255

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Peter Wirth

FOR THE CORRECTIONS OVERSIGHT, COURTS AND JUSTICE COMMITTEE

AN ACT

RELATING TO CRIMINAL LAW; CREATING A CRIMINAL OFFENSE OF SIMULATING LEGAL PROCESS.

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

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] SIMULATING LEGAL PROCESS.--

          A. Simulating legal process consists of knowingly issuing or delivering to a person a document that falsely simulates civil or criminal process.

          B. Whoever commits simulating legal process is guilty of a misdemeanor.

          C. As used in this section, "civil or criminal process" means a document or order, including a summons, lien, complaint, warrant, injunction, writ, notice, pleading or subpoena, that is issued by a court or that is filed or recorded for the purpose of:

                (1) exercising jurisdiction;

                (2) representing a claim against a person or property;

                (3) directing a person to appear before a court or tribunal; or

                (4) directing a person to perform or refrain from performing a specified act."

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