HOUSE COMMERCE AND ECONOMIC DEVELOPMENT
COMMITTEE SUBSTITUTE FOR
HOUSE BILL 55
56th legislature - STATE OF NEW MEXICO - first session, 2023
AN ACT
RELATING TO CRIME; CREATING THE CRIME OF ORGANIZED RETAIL CRIME; AMENDING THE ELEMENTS OF ROBBERY; ADDING ORGANIZED RETAIL CRIME TO RACKETEERING; IMPOSING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of Chapter 30, Article 16 NMSA 1978 is enacted to read:
"[NEW MATERIAL] ORGANIZED RETAIL CRIME--PENALTIES.--
A. Organized retail crime consists of one or more of the following acts committed as part of a concerted effort by a person or a coordinated plan with one or more coconspirators to deprive a retailer of merchandise on two or more occasions or deprive multiple retailers located in the state of merchandise over the span of one calendar year:
(1) willfully taking possession of merchandise with the intention of converting the merchandise without paying for the merchandise;
(2) willfully concealing merchandise with the intention of converting the merchandise without paying for the merchandise;
(3) willfully altering a label, price tag or marking upon merchandise with the intention of depriving the retailer of all or some part of the value of the merchandise; or
(4) willfully transferring merchandise from the container in or on which the merchandise is displayed to another container with the intention of depriving the retailer of all or some part of the value of the merchandise.
B. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.
C. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.
D. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.
E. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.
F. Whoever commits organized retail crime when the aggregated value of the merchandise taken, concealed, altered or transferred is over twenty thousand dollars ($20,000) is guilty of a second degree felony.
G. An individual charged with a violation of this section shall not be charged with a separate or additional offense arising out of the same transaction.
H. Venue shall be proper in any county in which merchandise is stolen.
I. As used in this section:
(1) "aggregated value" means the total value of merchandise taken, concealed, altered or transferred from any retailer over the span of one calendar year;
(2) "concerted effort" means an arranged, planned, coordinated or deliberate action taken in furtherance of an objective;
(3) "coordinated plan" means an arrangement, intention or agreement to work toward a common action, effort or operation; and
(4) "retailer" means a person or business that sells goods to the public for use or consumption rather than for resale."
SECTION 2. Section 30-16-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-2, as amended) is amended to read:
"30-16-2. ROBBERY.--Robbery consists of the theft of anything of value from the person of another or from the immediate control of another by use or threatened use of force or violence. Robbery consists of the use or threatened use of force or violence:
A. in the theft of anything of value from another person or from the immediate control of another person;
B. to retain anything of value stolen from another person or the immediate control of another person; or
C. to effect an escape from the scene of a theft.
Whoever commits robbery is guilty of a third degree felony.
Whoever commits robbery while armed with a deadly weapon is, for the first offense, guilty of a second degree felony and, for second and subsequent offenses, [is] guilty of a first degree felony."
SECTION 3. Section 30-42-3 NMSA 1978 (being Laws 1980, Chapter 40, Section 3, as amended by Laws 2009, Chapter 253, Section 7 and by Laws 2009, Chapter 261, Section 7) is amended to read:
"30-42-3. DEFINITIONS.--As used in the Racketeering Act:
A. "racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses:
(1) murder, as provided in Section 30-2-1 NMSA 1978;
(2) robbery, as provided in Section 30-16-2 NMSA 1978;
(3) kidnapping, as provided in Section 30-4-1 NMSA 1978;
(4) forgery, as provided in Section 30-16-10 NMSA 1978;
(5) larceny, as provided in Section 30-16-1 NMSA 1978;
(6) fraud, as provided in Section 30-16-6 NMSA 1978;
(7) embezzlement, as provided in Section 30-16-8 NMSA 1978;
(8) receiving stolen property, as provided in Section 30-16-11 NMSA 1978;
(9) bribery, as provided in Sections 30-24-1 through 30-24-3.1 NMSA 1978;
(10) gambling, as provided in Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
(11) illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978;
(12) extortion, as provided in Section 30-16-9 NMSA 1978;
(13) trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978;
(14) arson and aggravated arson, as provided in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA 1978;
(15) promoting prostitution, as provided in Section 30-9-4 NMSA 1978;
(16) criminal solicitation, as provided in Section 30-28-3 NMSA 1978;
(17) fraudulent securities practices, as provided in the New Mexico Uniform Securities Act [of 1986];
(18) loan sharking, as provided in Sections
30-43-1 through 30-43-5 NMSA 1978;
(19) distribution of controlled substances or controlled substance analogues, as provided in Sections
30-31-21 and 30-31-22 NMSA 1978;
(20) a violation of the provisions of Section 30-51-4 NMSA 1978;
(21) unlawful taking of a vehicle or motor vehicle, as provided in Section 30-16D-1 NMSA 1978;
(22) embezzlement of a vehicle or motor vehicle, as provided in Section 30-16D-2 NMSA 1978;
(23) fraudulently obtaining a vehicle or motor vehicle, as provided in Section 30-16D-3 NMSA 1978;
(24) receiving or transferring stolen vehicles or motor vehicles, as provided in Section 30-16D-4 NMSA 1978; [and]
(25) altering or changing the serial number, engine number, decal or other numbers or marks of a vehicle or motor vehicle, as provided in Section 30-16D-6 NMSA 1978; and
(26) organized retail crime, as provided in Section 1 of this 2023 act;
B. "person" means an individual or entity capable of holding a legal or beneficial interest in property;
C. "enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit entities; and
D. "pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering."
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