SENATE BILL 99

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO CORRECTIONS; PROHIBITING POSSESSION OF ELECTRONIC COMMUNICATION OR RECORDING DEVICES 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 BY PRISONER--POSSESSION OF ELECTRONIC COMMUNICATION OR RECORDING DEVICE BY PRISONER.--

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

          B. Possession of electronic communication or recording device by prisoner in lawful custody consists of any inmate of a penal institution, reformatory, jail or prison farm or ranch possessing any electronic communication or recording device. Whoever commits possession of electronic communication or recording device by prisoner is guilty of a fourth degree felony.

          C. As used in this section, "electronic communication or recording 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 that is designed to have sound or image recording abilities or any part or component of such instrument, device, machine or equipment. "Electronic communication or recording device" does not include a device that is or will be used by prison or jail personnel in the regular course of business or that is otherwise authorized by the warden."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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