SENATE BILL 314

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Daniel A. Ivey-Soto and Paul A. Pacheco

AN ACT

RELATING TO CORRECTIONS; PROHIBITING POSSESSION OF ELECTRONIC COMMUNICATION DEVICE BY PRISONERS.

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

     SECTION 1. Section 30-22-16 NMSA 1978 (being Laws 1963, Chapter 303, Section 22-15, as amended) is amended to read:

     "30-22-16. POSSESSION OF DEADLY WEAPON, [OR] EXPLOSIVE OR ELECTRONIC COMMUNICATION DEVICE BY PRISONER.-- 

          A. Possession of deadly weapon, [or] explosive or electronic communication device by prisoner in lawful custody consists of any inmate of a penal institution, reformatory, jail or prison farm or ranch possessing any deadly weapon, [or] explosive substance or electronic communication device.

          B. Whoever commits possession of deadly weapon or explosive by prisoner is guilty of a second degree felony.

          C. Whoever commits possession of electronic communication device by prisoner is guilty of a fourth degree felony.

          D. As used in this section, "electronic communication device" means any type of instrument, device, machine or equipment that is designed to transmit or receive telephonic, electronic, digital, cellular, satellite or radio signals or communications or any part or component of such instrument, device, machine or equipment. "Electronic communication device" does not include a device that is authorized by the warden to be in the possession of the prisoner."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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