HOUSE BILL 194

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING CRIMINAL PENALTIES FOR RECRUITING OTHERS TO JOIN A CRIMINAL STREET GANG OR INDUCING PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY; PROVIDING INCREASED PENALTIES FOR RECRUITMENT AND INDUCEMENT OF MINORS.

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] GANG RECRUITMENT.--

          A. Gang recruitment consists of the solicitation or recruitment of another with the intent that the person solicited or recruited:

                (1) knowingly participate in a pattern of criminal street gang activity; or

                (2) promote, further or assist in felonious conduct by members of a criminal street gang.

          B. Whoever commits gang recruitment is guilty of a misdemeanor. Whoever commits gang recruitment of a minor is guilty of a fourth degree felony.

          C. Gang recruitment by threat or violence consists of threatening another with physical violence on two or more separate occasions within a thirty-day period, or using physical violence, with the intent to coerce, induce or solicit another to:

                (1) knowingly participate in a pattern of criminal street gang activity; or

                (2) promote, further or assist in felonious conduct by members of a criminal street gang.

          D. Whoever commits gang recruitment by threat or violence is guilty of a fourth degree felony. Whoever commits gang recruitment of a minor by threat or violence is guilty of a third degree felony.

          E. As used in this section:

                (1) "criminal street gang" means an ongoing organization, association or group of three or more persons, whether formal or informal, having a common name or identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity and having as one of its primary activities the commission of one or more of the following felonies:

                     (a) murder, pursuant to Section 30-2-1 NMSA 1978;

                     (b) voluntary manslaughter, pursuant to Subsection A of Section 30-2-3 NMSA 1978;

                     (c) aggravated assault, pursuant to Section 30-3-2 NMSA 1978;

                     (d) assault with intent to commit a violent felony, pursuant to Section 30-3-3 NMSA 1978;

                     (e) aggravated battery, pursuant to Subsection C of Section 30-3-5 NMSA 1978;

                     (f) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, pursuant to Section 30-3-8 NMSA 1978;

                     (g) aggravated stalking, pursuant to Section 30-3A-3.1 NMSA 1978;

                     (h) kidnapping, pursuant to Section 30-4-1 NMSA 1978;

                     (i) sexual exploitation of children by prostitution, pursuant to Section 30-6A-4 NMSA 1978;

                     (j) dangerous use of explosives, pursuant to Section 30-7-5 NMSA 1978;

                     (k) possession of explosives, explosive devices or incendiary devices, pursuant to Sections 30-7-19 and 30-7-19.1 NMSA 1978;

                     (l) criminal sexual penetration in the first, second or third degree, pursuant to Section 30-9-11 NMSA 1978;

                     (m) criminal sexual contact of a minor, pursuant to Section 30-9-13 NMSA 1978;

                     (n) felony criminal damage to property, pursuant to Section 30-15-1 NMSA 1978;

                     (o) felony graffiti, pursuant to Section

30-15-1.1 NMSA 1978;

                     (p) robbery, pursuant to Section 30-16-2 NMSA 1978;

                     (q) burglary, pursuant to Section 30-16-3 NMSA 1978;

                     (r) aggravated burglary, pursuant to Section 30-16-4 NMSA 1978;

                     (s) extortion, pursuant to Section 30-16-9 NMSA 1978;

                     (t) aggravated fleeing a law enforcement officer, pursuant to Section 30-22-1.1 NMSA 1978;

                     (u) harboring or aiding a felon, pursuant to Section 30-22-4 NMSA 1978;

                     (v) aggravated assault upon a peace officer, pursuant to Section 30-22-22 NMSA 1978;

                     (w) assault with intent to commit a violent felony upon a peace officer, pursuant to Section 30-22-23 NMSA 1978;

                     (x) aggravated battery on a peace officer, pursuant to Section 30-22-25 NMSA 1978;

                     (y) bribery or intimidation of a witness or retaliation against a witness, pursuant to Section 30-24-3 NMSA 1978;

                     (z) trafficking in a controlled substance, pursuant to Section 30-31-20 NMSA 1978;

                     (aa) unlawful taking of a motor vehicle, pursuant to Section 30-16D-1 NMSA 1978;

                     (bb) money laundering, pursuant to the Money Laundering Act; and

                     (cc) an attempt to commit any of the felonies listed in this paragraph, pursuant to Section 30-28-1 NMSA 1978;

                (2) "criminal street gang" does not include a fraternal organization, union, corporation, association or similar group or entity, unless organized for the primary purpose of engaging in criminal activity; and

                (3) "pattern of criminal street gang activity" means the commission of two or more of the felonies enumerated in Paragraph (1) of this subsection; provided that the offenses occurred within three years of each other and were committed on separate occasions by two or more persons."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.