0001| SENATE BILL 10 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| MANNY M. ARAGON | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO FORFEITURE OF PROPERTY; ENACTING THE FORFEITURE ACT; | 0012| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN | 0013| APPROPRIATION. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. A new section of the Criminal Code is enacted | 0017| to read: | 0018| "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 12 of | 0019| this act may be cited as the "Forfeiture Act"." | 0020| Section 2. A new section of the Criminal Code is enacted | 0021| to read: | 0022| "[NEW MATERIAL] PURPOSE OF ACT.--The purpose of the | 0023| Forfeiture Act is to provide uniform standards and procedures | 0024| for law enforcement officers and agencies for the seizure and | 0025| forfeiture of property used or intended to be used in the | 0001| commission of a crime." | 0002| Section 3. A new section of the Criminal Code is enacted | 0003| to read: | 0004| "[NEW MATERIAL] DEFINITIONS.--As used in the Forfeiture | 0005| Act: | 0006| A. "conviction" means a final adjudication of guilt | 0007| by a district or magistrate court or, if the court decision is | 0008| appealed, a final adjudication of guilt by an appellate court; | 0009| B. "crime" means an offense punishable by | 0010| imprisonment for one year or more, a violation of laws or | 0011| regulations regarding hunting or fishing or a violation of laws | 0012| regarding gambling; | 0013| C. "law enforcement officer" means a state or | 0014| municipal police officer, county sheriff, deputy sheriff, | 0015| conservation officer, motor transportation enforcement officer | 0016| or other state employee authorized by state law to enforce | 0017| criminal statutes; provided, "law enforcement officer" does not | 0018| include correctional officers; | 0019| D. "owner" means an individual who possesses a legal | 0020| or equitable ownership in property, or if title to the property | 0021| is held in the name of a partnership, trust, corporation or | 0022| other legal entity, an individual who possesses a substantial | 0023| legal or equitable ownership interest in the partnership, trust, | 0024| corporation or other legal entity; and | 0025| E. "property" means tangible or intangible personal | 0001| property, real property or an interest in tangible or intangible | 0002| personal property or real property." | 0003| Section 4. A new section of the Criminal Code is enacted | 0004| to read: | 0005| "[NEW MATERIAL] FORFEITURE REQUIREMENTS.-- | 0006| A. A judgment for the forfeiture of property shall | 0007| be entered only upon: | 0008| (1) conviction of an owner of the property for | 0009| a crime related to the forfeiture; provided that a forfeiture | 0010| proceeding may be commenced prior to the conclusion of the | 0011| criminal prosecution in the trial court; and | 0012| (2) proof by clear and convincing evidence that | 0013| the property is forfeitable under state law and that a person | 0014| convicted of a crime related to the forfeiture is an owner of | 0015| the property. | 0016| B. The value of the property forfeited shall not | 0017| unreasonably exceed the pecuniary gain derived or sought to be | 0018| derived by the crime, the pecuniary loss caused or sought to be | 0019| caused by the crime or the value of the convicted owner's | 0020| interest in the property." | 0021| Section 5. A new section of the Criminal Code is enacted | 0022| to read: | 0023| "[NEW MATERIAL] SEIZURE--COURT ORDER--EXCEPTIONS.-- | 0024| A. Property subject to forfeiture may be seized by a | 0025| law enforcement officer upon an order issued by the district | 0001| court having jurisdiction. | 0002| B. The court may issue an order pursuant to | 0003| Subsection A of this section if it determines that: | 0004| (1) there is a substantial probability that the | 0005| state will prevail on the issue of forfeiture and that failure | 0006| to enter the order will result in the property's being | 0007| destroyed, removed from the jurisdiction of the court or | 0008| otherwise made unavailable for forfeiture; and | 0009| (2) the need to preserve the availability of | 0010| the property through the entry of the requested order outweighs | 0011| the hardship to a party of interest. | 0012| C. A seizure of property other than a residence or | 0013| business may be made without a court order when: | 0014| (1) the seizure is incident to an arrest or a | 0015| search pursuant to a search warrant or an inspection pursuant to | 0016| an administrative inspection warrant; | 0017| (2) the property subject to seizure has been | 0018| the subject of a prior judgment in favor of the state or a | 0019| political subdivision in a criminal injunction or forfeiture | 0020| proceeding; | 0021| (3) there is probable cause to believe that the | 0022| property is directly or indirectly dangerous to health or | 0023| safety; or | 0024| (4) there is probable cause to believe that the | 0025| property is forfeitable under state law and that the delay | 0001| occasioned by the need to secure an order will frustrate the | 0002| seizure; provided, however, that an officer having made a | 0003| seizure pursuant to this paragraph shall, within ten days of the | 0004| seizure, apply for an order pursuant to Subsection A of this | 0005| section; and provided further that the property shall be | 0006| released to the owner immediately if the order is denied. The | 0007| officer making the seizure shall make a reasonable effort to | 0008| notify the person from whom the property was seized of the | 0009| location, date and time of the hearing on the application for an | 0010| order allowing seizure, so the person has a reasonable | 0011| opportunity to appear at the hearing and oppose the order. | 0012| D. The seizure of a residence or business shall | 0013| occur only after a pre-seizure hearing, with notice provided in | 0014| accordance with the provisions of Section 6 of the Forfeiture | 0015| Act. | 0016| E. The owner shall be given a receipt whenever | 0017| practicable for the property seized." | 0018| Section 6. A new section of the Criminal Code is enacted | 0019| to read: | 0020| "[NEW MATERIAL] SEIZURE--NOTICE--CLAIMS.-- | 0021| A. All forfeiture proceedings shall be brought in | 0022| the name of the state. All forfeiture proceedings shall be | 0023| initiated in district court in the county in which the property | 0024| was seized; provided that, for good cause shown upon application | 0025| of any interested party, the court may consolidate proceedings | 0001| filed in different counties or allow transfer of proceedings to | 0002| another county. | 0003| B. All forfeiture proceedings shall be initiated by | 0004| the issuance of a notice of pending forfeiture by the | 0005| prosecuting attorney. The notice shall be issued within twenty | 0006| days from the date the property was seized. The notice shall | 0007| include a description of the property sought to be forfeited, | 0008| date and place of the seizure of the property, the name and | 0009| address of the seizing agency, the reason the property is | 0010| alleged to be forfeitable, a summary of the procedures and the | 0011| procedural rights applicable to the forfeiture action and a | 0012| notification alerting a trustee of the state's obligations under | 0013| the Forfeiture Act. | 0014| C. The notice shall be given to the person from whom | 0015| the property was seized and to each owner and secured interest | 0016| holder and is effective upon personal service. | 0017| D. If personal service of the notice is not possible | 0018| after good-faith attempts at all known residences and places of | 0019| business, the seizing law enforcement agency shall publish a | 0020| notice of seizure, including a list of seized property, in five | 0021| consecutive editions of a newspaper of general circulation in | 0022| the county in which the property has been seized. The notice | 0023| shall include a statement of the rights of an owner to claim | 0024| return of the property. | 0025| E. Any person claiming seized property shall file | 0001| with the appropriate law enforcement agency a claim stating his | 0002| interest in the property. All claims shall be filed within | 0003| sixty days of the date of personal service on the claimant or, | 0004| if personal service was not effected, within sixty days of the | 0005| last date of publication in the newspaper of the notice of | 0006| seizure. | 0007| F. Within twenty days of receipt by a law | 0008| enforcement agency of any claim to property, a complaint seeking | 0009| forfeiture of the property shall be filed in district court, and | 0010| copies of the complaint shall be served on all claimants. If | 0011| additional claims to the property are made in a timely manner | 0012| after the complaint is filed, those additional claimants shall | 0013| be made parties to the action by amendment of the complaint. | 0014| The Rules of Civil Procedure for the District Courts shall apply | 0015| to all forfeiture proceedings. The district court shall | 0016| determine the extent and priority of interest for all claimants | 0017| to property. | 0018| G. No bond of any kind shall be required as a | 0019| prerequisite to making a claim for the return of seized | 0020| property. | 0021| H. Reasonable attorneys' fees and costs shall be | 0022| awarded to a claimant who prevails in a forfeiture proceeding. | 0023| The attorneys' fees and costs shall be paid by the state. | 0024| I. If there is opposition to the forfeiture, the | 0025| claimant shall have the right to a jury trial in determining the | 0001| propriety of a forfeiture of any property valued in excess of | 0002| one thousand dollars ($1,000). | 0003| J. If the owner of the seized property is | 0004| financially unable to obtain representation of counsel, the | 0005| court may appoint appropriate counsel to represent that person | 0006| with respect to the claim. The court shall set compensation for | 0007| that representation as appropriate. Compensation for appointed | 0008| counsel shall be paid by the state. | 0009| K. The district court shall file a decision | 0010| regarding a forfeiture complaint within sixty days of the filing | 0011| of an answer by a claimant or, if there is more than one | 0012| claimant, within sixty days of the filing of an answer by the | 0013| last claimant. The sixty-day time limitation may be extended by | 0014| a consent of the parties or by the district court for good cause | 0015| shown. Good cause includes the pendency of related criminal | 0016| proceedings. Upon agreement of the parties, the court may | 0017| render a decision regarding whether and to what extent the | 0018| property is forfeitable prior to the time that related criminal | 0019| proceedings become final. When related criminal proceedings | 0020| become final, a final order regarding the forfeiture action | 0021| shall be entered. | 0022| L. When no claims to property are filed in a timely | 0023| manner, the property shall be forfeited. Forfeited property, if | 0024| it is not currency, shall be sold or otherwise disposed of in | 0025| accordance with law, and all sale proceeds and forfeited | 0001| currency shall be deposited in the general fund, or, if | 0002| forfeited under Chapter 17 NMSA 1978, the proceeds shall be | 0003| deposited in the game protection fund, in an amount equal to the | 0004| amount expended from the game protection fund to prosecute the | 0005| case, and the surplus shall be deposited in the general fund. | 0006| Notwithstanding the provisions of this subsection, proceeds from | 0007| the sale of forfeited property or forfeited currency shall be | 0008| applied first as restitution to or on behalf of actual victims | 0009| of the criminal acts related to the forfeiture proceedings." | 0010| Section 7. A new section of the Criminal Code is enacted | 0011| to read: | 0012| "[NEW MATERIAL] RETURN OF PROPERTY TO NONDEFENDANT.--If | 0013| the ownership interest of a person convicted for a crime related | 0014| to the seizure of property cannot be proven by clear and | 0015| convincing evidence, the court shall order the property returned | 0016| to its claimants." | 0017| Section 8. A new section of the Criminal Code is enacted | 0018| to read: | 0019| "[NEW MATERIAL] REAL PROPERTY AND MOTOR VEHICLES--TITLE | 0020| SEARCH--NOTICE.-- | 0021| A. In addition to the procedures set forth in | 0022| Section 6 of the Forfeiture Act, when the seized property is | 0023| real property or a motor vehicle, the seizing law enforcement | 0024| agency shall perform a title search on the property. Subsequent | 0025| to the title search, the seizing law enforcement agency shall | 0001| give a notice of seizure as provided in Section 6 of the | 0002| Forfeiture Act to all persons whom the agency knows or | 0003| reasonably should know to have an interest in the property. | 0004| B. When the seizing law enforcement agency | 0005| determines that the seized real property or motor vehicle does | 0006| not belong to a person charged with a crime related to the | 0007| seizure of the property or motor vehicle, the agency shall | 0008| return the real property or motor vehicle to the owner of the | 0009| property." | 0010| Section 9. A new section of the Criminal Code is enacted | 0011| to read: | 0012| "[NEW MATERIAL] ACTIONS--TIME LIMITS--BURDEN OF PROOF.-- | 0013| A. No action to forfeit property shall be brought | 0014| more than one year from the date of the conviction of a person | 0015| for a crime related to the proposed forfeiture of the property. | 0016| B. The burden of proof is on the prosecution to | 0017| establish, by clear and convincing evidence, that the property | 0018| is subject to forfeiture." | 0019| Section 10. A new section of the Criminal Code is enacted | 0020| to read: | 0021| "[NEW MATERIAL] PROPERTY IMMUNE FROM FORFEITURE--EXCEPTION.-- | 0022| A. No property shall be forfeited under the | 0023| provisions of the Forfeiture Act to the extent of the interest | 0024| of any owner or lienholder who is not convicted of a crime | 0025| related to the forfeiture or by reason of a criminal act | 0001| committed without the knowledge or consent of that owner or | 0002| lienholder. | 0003| B. No property shall be forfeited that has been paid | 0004| or pledged as bona fide attorneys' fees. | 0005| C. Notwithstanding other provisions of this section, | 0006| if the court determines that property was transferred by the | 0007| owner or otherwise disposed of to circumvent the provisions of | 0008| the Forfeiture Act or other state law that provides for | 0009| forfeiture or limits use or disposal of property, that property | 0010| shall be subject to forfeiture as if the person convicted of the | 0011| crime were the sole owner." | 0012| Section 11. A new section of the Criminal Code is enacted | 0013| to read: | 0014| "[NEW MATERIAL] SAFEKEEPING OF SEIZED PROPERTY PRIOR TO | 0015| FORFEITURE--RETURN TO DEFENDANT.-- | 0016| A. All currency seized pursuant to the provisions of | 0017| the Forfeiture Act shall be remitted to the state treasurer or | 0018| the clerk of the court for deposit in an interest-bearing trust | 0019| account. | 0020| B. Other property not required by state or federal | 0021| law to be destroyed may be: | 0022| (1) placed under seal; | 0023| (2) removed to a place designated by the law | 0024| enforcement agency or the district court; | 0025| (3) removed to the custody of the law | 0001| enforcement agency; | 0002| (4) sold or disposed of pursuant to Subsection | 0003| L of Section 6 of the Forfeiture Act, when no claims are filed | 0004| in a timely manner; or | 0005| (5) otherwise disposed of as provided by court | 0006| order. | 0007| C. Property shall be kept by the law enforcement | 0008| agency in such a manner as to protect it from theft or damage. | 0009| D. If an owner whose property was seized is not | 0010| convicted of the crime for which his property was seized, the | 0011| property shall be returned to him, including interest accrued on | 0012| escrow accounts. | 0013| E. Notwithstanding the immunity provided in the Tort | 0014| Claims Act, an owner of seized property that is returned | 0015| pursuant to the Forfeiture Act shall have a cause of action | 0016| against the law enforcement agency." | 0017| Section 12. A new section of the Criminal Code is enacted | 0018| to read: | 0019| "[NEW MATERIAL] DISPOSAL OF FORFEITED PROPERTY.-- | 0020| A. Whenever property is forfeited to the state | 0021| pursuant to a court order under the Forfeiture Act, the court | 0022| shall provide for the sale or other disposition of the property. | 0023| Forfeited currency and proceeds from the sale of forfeited | 0024| property shall be applied first to restitution to or on behalf | 0025| of actual victims of the criminal acts of the convicted owner | 0001| related to the forfeiture proceedings. | 0002| B. After payments have been made pursuant to the | 0003| provisions of Subsection A of this section, the court shall | 0004| order the balance deposited in the general fund. | 0005| C. If forfeited property consists of a partial | 0006| interest in property, the court may, at its discretion and to | 0007| the benefit of the state's taxpayers, allow the other owners to | 0008| purchase the state's share at the current market value." | 0009| Section 13. Section 17-2-20.1 NMSA 1978 (being Laws 1979, | 0010| Chapter 321, Section 1, as amended) is amended to read: | 0011| "17-2-20.1. SEIZURE AND FORFEITURE--PROPERTY SUBJECT.-- | 0012| A. All firearms and bows and arrows may be subject | 0013| to seizure and forfeiture when used as instrumentalities in the | 0014| commission of the following crimes: | 0015| (1) illegal possession or transportation of big | 0016| game during closed season; | 0017| (2) taking big game during closed season; | 0018| (3) attempting to take big game by the use of | 0019| spotlight or artificial light; and | 0020| (4) exceeding the bag limit on any big game | 0021| species during open season. | 0022| [B. Provided that no firearms or bows and arrows | 0023| shall be subject to forfeiture if the violation was without the | 0024| knowledge or consent of the owner. | 0025| C.] B. Any motor vehicle shall be subject to | 0001| seizure and forfeiture when operated in violation of the | 0002| provisions of Section 17-2-31 NMSA 1978 regarding hunting by | 0003| spotlight. [In the event of seizure and forfeiture under this | 0004| subsection, the motor vehicle shall be disposed of in accordance | 0005| with the provisions of Section 17-2-20.2 NMSA 1978. | 0006| D. No conveyance is subject to forfeiture under this | 0007| section by reason of any act or omission established for the | 0008| owner to have been committed or omitted without his knowledge or | 0009| consent. A forfeiture of a conveyance encumbered by a bona fide | 0010| security interest shall be subject to the interest of a secured | 0011| party if the secured party neither had knowledge of nor | 0012| consented to the act or omission] | 0013| C. Seizure and forfeiture proceedings shall be | 0014| conducted pursuant to the provisions of the Forfeiture Act." | 0015| Section 14. Section 18-6-9.3 NMSA 1978 (being Laws 1993, | 0016| Chapter 176, Section 11) is amended to read: | 0017| "18-6-9.3. CULTURAL PROPERTY--SEIZURE AND FORFEITURE OF | 0018| INSTRUMENTS.--[A.] Any instrument, vehicle, tool or equipment | 0019| used or intended to be used to violate the provisions of the | 0020| Cultural Properties Act is subject to seizure and forfeiture | 0021| [except that no instrument, vehicle, tool or equipment shall be | 0022| subject to forfeiture if the violation was without the knowledge | 0023| or consent of the owner of the property subject to forfeiture. | 0024| B. Property subject to forfeiture pursuant to the | 0025| provisions of this section may be seized by a conservation | 0001| officer, sheriff, state police officer or law enforcement | 0002| officer upon an order of the district court in the county having | 0003| jurisdiction over the offense. | 0004| C. Seizure without a court order may occur if: | 0005| (1) the seizure is incident to an arrest or a | 0006| search pursuant to a search warrant; or | 0007| (2) the enforcement officer has probable cause | 0008| to believe that the property was used or intended for use to | 0009| violate the Cultural Properties Act. | 0010| D. In the event of seizure pursuant to this section, | 0011| proceedings shall be instituted within thirty days from the date | 0012| of seizure. A proceeding brought pursuant to this section shall | 0013| be in rem. The claim shall not be filed against the owner or | 0014| any other person and shall be filed only as a civil case. | 0015| E. Property taken or detained pursuant to the | 0016| provisions of this section shall not be subject to replevin, but | 0017| is deemed to be in the custody of the state agency employing the | 0018| enforcing officer, subject only to the orders and decrees of the | 0019| district court. When property is seized pursuant to the | 0020| Cultural Properties Act, the state agency seizing it shall | 0021| remove the property to a place designated by the state agency | 0022| for disposition in accordance with law. | 0023| F. Except as otherwise specifically provided by law, | 0024| property forfeited due to a violation of the Cultural Properties | 0025| Act shall be sold at public auction pursuant to a court order. | 0001| The proceeds of the court-ordered sale of forfeited property are | 0002| subject first to the claims, verified by the court, of innocent | 0003| persons and the legitimate rights to restitution of actual | 0004| victims of the criminal acts. Where proceeds are derived from | 0005| violations: | 0006| (1) on lands controlled by the commissioner of | 0007| public lands, one-half of the proceeds from the sale shall | 0008| accrue to the state agency of which the law enforcement officer | 0009| seizing that property is a member and one-half shall be | 0010| deposited in the cultural properties restoration fund; and | 0011| (2) on any other state lands, one-half of the | 0012| proceeds from the sale shall accrue to the state agency of which | 0013| the law enforcement officer seizing that property is a member | 0014| and one-half of the proceeds shall be deposited in the cultural | 0015| properties restoration fund] pursuant to the provisions of the | 0016| Forfeiture Act." | 0017| Section 15. Section 30-3-8.1 NMSA 1978 (being Laws 1993, | 0018| Chapter 78, Section 2) is amended to read: | 0019| "30-3-8.1. SEIZURE AND FORFEITURE OF MOTOR VEHICLE--PROCEDURE [EXCEPTION].-- | 0020| A. A motor vehicle shall be subject to seizure and | 0021| forfeiture when the vehicle is used or intended for use in the | 0022| commission of the offense of shooting at or from a motor vehicle | 0023| pursuant to Subsection B of Section 30-3-8 NMSA 1978. | 0024| B. A motor vehicle subject to seizure and forfeiture | 0025| [may be seized by a law enforcement officer: | 0001| (1) upon an order issued by the district court | 0002| having jurisdiction; | 0003| (2) without an order if the seizure is incident | 0004| to an arrest; or | 0005| (3) without an order if the seizure is incident | 0006| to a search under a valid search warrant. | 0007| C. In the event of seizure pursuant to Subsection B | 0008| of this section, proceedings under the Rules of Civil Procedure | 0009| for the District Courts and Subsection D of this section shall | 0010| be instituted promptly. | 0011| D. A motor vehicle seized under this section shall | 0012| not be subject to replevin, but is deemed to be in the custody | 0013| of the seizing law enforcement agency, subject only to the | 0014| orders and decrees of the district court. When a motor vehicle | 0015| is seized pursuant to the provisions of this section, a law | 0016| enforcement officer may remove the property to a place | 0017| designated by the district court or by the head of the officer's | 0018| agency for disposition in accordance with the law. | 0019| E. When a vehicle is forfeited pursuant to this | 0020| section, the seizing law enforcement agency shall sell the motor | 0021| vehicle at a public auction, and the proceeds, after all costs | 0022| for impoundment, forfeiture and sale are repaid, shall be | 0023| forwarded to the state treasurer for credit to the crime victims | 0024| reparation fund pursuant to Section 31-22-21 NMSA 1978 within | 0025| thirty days. If the sale of the motor vehicle does not cover | 0001| the cost of impounding, forfeiting and selling the motor | 0002| vehicle, the law enforcement agency may deduct the uncovered | 0003| portion of the cost from the proceeds of the next sale. | 0004| F. No motor vehicle shall be subject to forfeiture | 0005| when the owner of the motor vehicle establishes that the offense | 0006| of shooting at or from a motor vehicle pursuant to Subsection B | 0007| of Section 30-3-8 NMSA 1978 was committed without his knowledge | 0008| or consent. A forfeiture of a motor vehicle encumbered by a | 0009| recorded bona fide security interest shall be subject to the | 0010| interest of the secured party if the secured party did not have | 0011| knowledge of or did not consent to the offense of shooting at or | 0012| from a motor vehicle pursuant to Subsection B of Section 30-3-8 | 0013| NMSA 1978] shall be seized and forfeited pursuant to the | 0014| provisions of the Forfeiture Act." | 0015| Section 16. Section 30-16B-9 NMSA 1978 (being Laws 1991, | 0016| Chapter 112, Section 9) is amended to read: | 0017| "30-16B-9. SEIZURE AND FORFEITURE--PROCEDURE.--[A.] | 0018| Property subject to forfeiture under the Unauthorized Recording | 0019| Act may be seized [by any enforcement officer upon an order | 0020| issued by the district court having jurisdiction. | 0021| B. Seizure without such an order may be made if: | 0022| (1) the seizure is incident to an arrest or | 0023| search under a valid search warrant or an inspection under an | 0024| administrative inspection warrant; | 0025| (2) the property subject to seizure has been | 0001| the subject of a prior judgment in favor of the state in an | 0002| injunction or forfeiture proceeding based upon the Unauthorized | 0003| Recording Act; or | 0004| (3) the enforcement officer has probable cause | 0005| to believe that the property was used or is intended to be used | 0006| in violation of the Unauthorized Recording Act. | 0007| C. In the event of seizure pursuant to Subsection A | 0008| of this section, proceedings under Subsection D of this section | 0009| and the Rules of Civil Procedure for the District Court shall be | 0010| instituted promptly and not later than thirty days after | 0011| seizure. | 0012| D. Property taken or detained under this section | 0013| shall not be subject to replevin but is deemed to be in the | 0014| custody of the seizing police department or agency subject only | 0015| to the orders and decrees of the district court. When property | 0016| is seized under the Unauthorized Recording Act, the enforcement | 0017| officer may: | 0018| (1) place the property under seal; or | 0019| (2) remove the property to a place designated | 0020| by the court or head of the officer's department or agency for | 0021| disposition in accordance with law. | 0022| E. When property is forfeited under the Unauthorized | 0023| Recording Act, the seizing police department or agency shall: | 0024| (1) sell that which is not required to be | 0025| destroyed by law and the proceeds shall revert to the general | 0001| fund; | 0002| (2) take custody of the property for use by law | 0003| enforcement agencies in the enforcement of the Unauthorized | 0004| Recording Act for disposition in accordance with law; or | 0005| (3) forward property, the proceeds from the | 0006| sale of which are not required to revert to the general fund, to | 0007| the property control division of the general services department | 0008| for disposition] and forfeited pursuant to the provisions of | 0009| the Forfeiture Act." | 0010| Section 17. Section 30-19-10 NMSA 1978 (being Laws 1963, | 0011| Chapter 303, Section 19-10) is amended to read: | 0012| "30-19-10. SEIZURE AND FORFEITURE OF PRIZES AND | 0013| EQUIPMENT.--Any illegal gambling device or other illegal | 0014| equipment of any type used in gambling [shall be seized by the | 0015| law enforcement officers discovering such device or equipment | 0016| and it shall be the duty of such officers to retain custody of | 0017| the property seized until such property is disposed of by order | 0018| of the district court. Upon proper application by the district | 0019| attorney to the judge of the district court, the judge of the | 0020| district court may by proper order direct the destruction of any | 0021| gambling device, paraphernalia or equipment of any kind or | 0022| character seized by law enforcement officers] may be seized | 0023| and forfeited pursuant to the provisions of the Forfeiture | 0024| Act." | 0025| Section 18. Section 30-31-35 NMSA 1978 (being Laws 1972, | 0001| Chapter 84, Section 34, as amended) is amended to read: | 0002| "30-31-35. SEIZURE AND FORFEITURE--PROCEDURE.--[A.] | 0003| Property subject to forfeiture and disposal under the Controlled | 0004| Substances Act may be seized [by any enforcement officer upon | 0005| an order issued by the district court having jurisdiction. | 0006| B. Seizure without such an order may be made if: | 0007| (1) the seizure is incident to an arrest or | 0008| search under a search warrant or an inspection under an | 0009| administrative inspection warrant; | 0010| (2) the property subject to seizure has been | 0011| the subject of a prior judgment in favor of the state in an | 0012| injunction or forfeiture proceeding based upon the Controlled | 0013| Substances Act; | 0014| (3) the enforcement officer has probable cause | 0015| to believe that the property, which is a controlled substance, | 0016| is directly or indirectly dangerous to health or safety; or | 0017| (4) the enforcement officer has probable cause | 0018| to believe that the property was used or is intended to be used | 0019| in violation of the Controlled Substances Act. | 0020| C. In the event of seizure pursuant to Subsection A | 0021| or Subsection B of this section, proceedings under Subsection D | 0022| of this section and the Rules of Civil Procedure for the | 0023| District Courts of New Mexico shall be instituted promptly and | 0024| not later than thirty days after seizure. | 0025| D. Property taken or detained under this section | 0001| shall not be subject to replevin, but is deemed to be in the | 0002| custody of the law enforcement agency seizing it subject only to | 0003| the orders and decrees of the district court. When property is | 0004| seized under the Controlled Substances Act, the enforcement | 0005| officer may: | 0006| (1) place the property under seal; | 0007| (2) remove the property to a place designated | 0008| by the enforcement officer; or | 0009| (3) require the law enforcement agency to take | 0010| custody of the property and remove it to an appropriate location | 0011| for disposition in accordance with law. | 0012| E. When property is forfeited under the Controlled | 0013| Substances Act, the law enforcement agency seizing it shall: | 0014| (1) sell that which is not required to be | 0015| destroyed by law. The proceeds shall revert to the general fund | 0016| of the state, county or municipality as the case may be; | 0017| (2) take custody of the property for use by law | 0018| enforcement agencies in the enforcement of the Controlled | 0019| Substances Act or remove it for disposition in accordance with | 0020| law; provided that where a motor vehicle has been seized by a | 0021| municipal police department or a county sheriff's department | 0022| with its respective jurisdictional boundaries, such department | 0023| shall institute forfeiture proceedings; or | 0024| (3) in case of property seized by the state | 0025| police, forward property, the proceeds from the sale of which | 0001| are not required to revert to the general fund, to the state | 0002| police, bureau of narcotics for disposition; provided that motor | 0003| vehicles seized by the state police may be loaned to the | 0004| governor's organized crime prevention commission for use in | 0005| undercover work, the entire cost of operating such vehicles to | 0006| be borne by the governor's organized crime prevention | 0007| commission] and forfeited pursuant to the provisions of the | 0008| Forfeiture Act." | 0009| Section 19. Section 30-31A-10 NMSA 1978 (being Laws 1983, | 0010| Chapter 148, Section 10) is amended to read: | 0011| "30-31A-10. SEIZURE AND FORFEITURE--PROCEDURE.--[A.] | 0012| Property subject to forfeiture and disposal under the Imitation | 0013| Controlled Substances Act may be seized [by any law enforcement | 0014| officer upon an order issued by the district court having | 0015| jurisdiction. | 0016| B. Seizure without such an order may be made if: | 0017| (1) the seizure is incident to an arrest or | 0018| search under a search warrant; or | 0019| (2) the property subject to seizure has been | 0020| the subject of a prior judgment in favor of the state in an | 0021| injunction or forfeiture proceeding based upon the Imitation | 0022| Controlled Substances Act. | 0023| C. In the event of seizure pursuant to Subsection A | 0024| or B of this section, proceedings under Subsection D of this | 0025| section and the rules of civil procedure for the district courts | 0001| of New Mexico shall be instituted promptly and not later than | 0002| thirty days after seizure. | 0003| D. Property taken or detained under this section | 0004| shall not be subject to replevin but is deemed to be in the | 0005| custody of the law enforcement agency seizing it subject only to | 0006| the orders and decrees of the district court. When property is | 0007| seized under the Imitation Controlled Substances Act, the | 0008| enforcement officer may: | 0009| (1) place the property under seal; | 0010| (2) remove the property to a place designated | 0011| by the enforcement officer; or | 0012| (3) require the law enforcement agency to take | 0013| custody of the property and remove it to an appropriate location | 0014| for disposition in accordance with law. | 0015| E. When property is forfeited under the Imitation | 0016| Controlled Substances Act, the law enforcement agency seizing it | 0017| shall take custody of the property for use by law enforcement | 0018| agencies in the enforcement of the Imitation Controlled | 0019| Substances Act and the Controlled Substances Act and remove it | 0020| for disposition in accordance with law] and forfeited pursuant | 0021| to the provisions of the Forfeiture Act." | 0022| Section 20. Section 30-42-4 NMSA 1978 (being Laws 1980, | 0023| Chapter 40, Section 4) is amended to read: | 0024| "30-42-4. PROHIBITED ACTIVITIES--PENALTIES--SEIZURE AND | 0025| FORFEITURE.-- | 0001| A. It is unlawful for any person who has received | 0002| any proceeds derived, directly or indirectly, from a pattern of | 0003| racketeering activity in which the person has participated, to | 0004| use or invest, directly or indirectly, any part of the proceeds | 0005| or the proceeds derived from the investment or use thereof in | 0006| the acquisition of any interest in, or the establishment or | 0007| operation of, any enterprise. Whoever violates this subsection | 0008| is guilty of a second degree felony. | 0009| B. It is unlawful for any person to engage in a | 0010| pattern of racketeering activity in order to acquire or | 0011| maintain, directly or indirectly, any interest in or control of | 0012| any enterprise. Whoever violates this subsection is guilty of a | 0013| second degree felony. | 0014| C. It is unlawful for any person employed by or | 0015| associated with any enterprise to conduct or participate, | 0016| directly or indirectly, in the conduct of [such] the | 0017| enterprise's affairs by engaging in a pattern of racketeering | 0018| activity. Whoever violates this subsection is guilty of a | 0019| second degree felony. | 0020| D. It is unlawful for any person to conspire to | 0021| violate any of the provisions of Subsections A through C of this | 0022| section. Whoever violates this subsection is guilty of a third | 0023| degree felony. | 0024| E. Whoever violates Subsection A, B, C or D of this | 0025| section in addition to the prescribed penalties shall forfeit to | 0001| the state of New Mexico: | 0002| (1) any interest acquired or maintained in | 0003| violation of the Racketeering Act; and | 0004| (2) any interest in, security of, claim against | 0005| or property or contractual right of any kind affording a source | 0006| of influence over any enterprise [which] that he has | 0007| established, operated, controlled, conducted or participated in | 0008| the conduct of in violation of the Racketeering Act. | 0009| F. In any action brought by the state under the | 0010| Racketeering Act, [the district court shall have jurisdiction | 0011| to enter such restraining orders or prohibitions, or to take | 0012| such other actions, including but not limited to the acceptance | 0013| of satisfactory performance bonds, in connection with any | 0014| property or other interest subject to forfeiture under this | 0015| section, as it shall deem proper. | 0016| G. Upon conviction of a person under this section, | 0017| the court shall authorize the attorney general or the district | 0018| attorney to seize all property or other interest declared | 0019| forfeited under this section upon such terms and conditions as | 0020| the court shall deem proper, making due provision for the rights | 0021| of innocent persons. If a property right or other interest is | 0022| not exercisable or transferable for value by the convicted | 0023| person, it shall expire and shall not revert to the convicted | 0024| person] seizure and forfeiture of property shall be in | 0025| accordance with the provisions of the Forfeiture Act." | 0001| Section 21. Section 30-45-7 NMSA 1978 (being Laws 1989, | 0002| Chapter 215, Section 7) is amended to read: | 0003| "30-45-7. SEIZURE AND FORFEITURE OF PROPERTY.-- | 0004| A. The following are subject to seizure and | 0005| forfeiture: | 0006| (1) all computer property, equipment or | 0007| products of any kind [which] that have been used, | 0008| manufactured, acquired or distributed in violation of the | 0009| Computer Crimes Act; | 0010| [(2) all materials, products and equipment of | 0011| any kind which are used or intended for use in manufacturing, | 0012| using, accessing, altering, disrupting, copying, concealing, | 0013| destroying, transferring, delivering, importing or exporting any | 0014| computer property or computer service in violation of the | 0015| Computer Crimes Act; | 0016| (3)] (2) all books, records and research | 0017| products and materials involving formulas, microfilm, tapes and | 0018| data [which] that are used or intended for use in violation | 0019| of the Computer Crimes Act; and | 0020| [(4) all conveyances, including aircraft, | 0021| vehicles or vessels, which are used or intended for use to | 0022| transport or in any manner to facilitate the transportation of | 0023| property described in subsection A, B or C of this section for | 0024| the purpose of violating the Computer Crimes Act; | 0025| (5) all property, real, personal or mixed, | 0001| which has been used or intended for use, maintained or acquired | 0002| in violation of the Computer Crimes Act; and | 0003| (6)] (3) all money or proceeds that | 0004| constitute an instrumentality or derive from a violation of the | 0005| Computer Crimes Act. | 0006| [B. Notwithstanding the provisions of Paragraphs | 0007| (1) through (6) of Subsection A of this section: | 0008| (1) no conveyance used by any person as a | 0009| common carrier in the transaction of business as a common | 0010| carrier is subject to forfeiture under this section unless it | 0011| appears that the owner or other person in charge of the | 0012| conveyance is a consenting party to a violation of the Computer | 0013| Crimes Act; | 0014| (2) no conveyance, computer property, equipment | 0015| or other material is subject to forfeiture under this section by | 0016| reason of any act or omission established by the owner to have | 0017| been committed or omitted without his knowledge or consent; | 0018| (3) a conveyance, computer property, equipment | 0019| or other material is not subject to forfeiture for a violation | 0020| of law the penalty for which is a misdemeanor or petty | 0021| misdemeanor; and | 0022| (4) a forfeiture of a conveyance, computer | 0023| property, equipment or material encumbered by a bona fide | 0024| security interest shall be subject to the interest of a secured | 0025| party if the secured party neither had knowledge of nor | 0001| consented to the act or omission. | 0002| C.] B. Property subject to seizure and | 0003| forfeiture [and disposal] under the Computer Crimes Act [may | 0004| be seized by any law enforcement officer upon an order issued by | 0005| the district court having jurisdiction. | 0006| D. Seizure without such an order may be made if: | 0007| (1) the seizure is incident to an arrest or | 0008| search under a search warrant; | 0009| (2) the property subject to seizure had been | 0010| the subject of a prior judgment in favor of the state in an | 0011| injunction or forfeiture proceeding based upon the Computer | 0012| Crimes Act; or | 0013| (3) the enforcement officer has probable cause | 0014| to believe that the property, whether real, personal or mixed, | 0015| was used or intended for use, maintained or acquired in | 0016| violation of the Computer Crimes Act. | 0017| E. In the event of a seizure pursuant to Subsection | 0018| C or Subsection D of this section, a proceeding under the | 0019| Computer Crimes Act and the rules of civil procedure for the | 0020| district courts shall be instituted promptly and not later than | 0021| thirty days after seizure. The proceeding to forfeit property | 0022| under the Computer Crimes Act is against the property and not | 0023| against the owner or any other person. It is in rem wholly and | 0024| not in personam. It is a civil case and not a criminal | 0025| proceeding. The forfeiture proceeding is required, not to | 0001| complete the forfeiture, but to prove the illegal use for which | 0002| the forfeiture was suffered. | 0003| F. Except as otherwise specifically provided by law, | 0004| whenever any property is forfeited to the state by reason of the | 0005| violation of any law, the court by which the offender is | 0006| convicted shall order the sale or other disposition of the | 0007| property and the proceeds of any such sale as provided for in | 0008| this section are subject to the court making due provisions for | 0009| the rights of innocent persons and the legitimate rights to | 0010| restitution on behalf of actual victims of the criminal acts. | 0011| G. Property taken or detained under this section | 0012| shall not be subject to replevin but is deemed to be in the | 0013| custody of the law enforcement agency seizing it, subject only | 0014| to the orders and decrees of the district court. When property | 0015| is seized under the Computer Crimes Act, the enforcement officer | 0016| may: | 0017| (1) place the property under seal; | 0018| (2) remove the property to a place designated | 0019| by the law enforcement officer or by the district court; or | 0020| (3) require the law enforcement agency to take | 0021| custody of the property and remove it to an appropriate location | 0022| for disposition in accordance with law. | 0023| H. When property is forfeited under the Computer | 0024| Crimes Act, the law enforcement agency seizing it shall: | 0025| (1) deliver custody of the property to the | 0001| information systems council attached to the general services | 0002| department. The council, based upon a plan, shall advertise and | 0003| make available the forfeited property to state agencies and | 0004| political subdivisions of the state based upon a demonstrated | 0005| need and plan of use for that property. The information systems | 0006| council shall advertise and make the forfeited property | 0007| available by bid for a minimum of one hundred twenty days and | 0008| dispose of that property within another sixty days. All | 0009| proceeds from the sale of forfeited property shall be deposited | 0010| in the general fund; or | 0011| (2) where the court orders the property to be | 0012| sold, the proceeds of the sale shall be paid into the general | 0013| fund] may be seized and forfeited pursuant to the provisions | 0014| of the Forfeiture Act." | 0015| Section 22. Section 60-7A-4.1 NMSA 1978 (being Laws 1985, | 0016| Chapter 179, Section 1, as amended) is amended to read: | 0017| "60-7A-4.1. UNLAWFUL SALE OF ALCOHOLIC BEVERAGES--CRIMINAL | 0018| PENALTY--SEIZURE AND FORFEITURE.-- | 0019| A. It is unlawful for any person to sell or attempt | 0020| to sell alcoholic beverages at any place other than a licensed | 0021| premises or as otherwise provided by the Liquor Control Act. | 0022| B. Any person who violates the provisions of | 0023| Subsection A of this section is guilty of a fourth degree | 0024| felony. | 0025| C. Any conveyance used or intended to be used for | 0001| the purpose of unlawful sale of alcoholic beverages or money | 0002| [which] that is the fruit or instrumentality of the crime | 0003| may be seized and [upon conviction, in the discretion of the | 0004| court, be forfeited and disposed of under the procedures set | 0005| forth in Section 30-31-35 NMSA 1978] forfeited pursuant to the | 0006| provisions of the Forfeiture Act." | 0007| Section 23. EFFECTIVE DATE.--The effective date of the | 0008| provisions of this act is July 1, 1996. | 0009|  | 0010| | 0011| | 0012| FORTY-SECOND LEGISLATURE | 0013| SECOND SESSION, 1996 | 0014| | 0015| | 0016| JANUARY 18, 1996 | 0017| | 0018| Mr. President: | 0019| | 0020| Your COMMITTEES' COMMITTEE, to whom has been referred | 0021| | 0022| SENATE BILL 10 | 0023| | 0024| has had it under consideration and finds same to be GERMANE, PURSUANT | 0025| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE | 0001| JUDICIARY COMMITTEE. | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| __________________________________ | 0009| SENATOR MANNY M. ARAGON, Chairman | 0010| | 0011| | 0012| | 0013| Adopted_______________________ Not Adopted_______________________ | 0014| (Chief Clerk) (Chief Clerk) | 0015| | 0016| | 0017| Date ________________________ | 0018| | 0019| | 0020| | 0021| The roll call vote was For Against | 0022| Yes: | 0023| No: | 0024| Excused: | 0025| Absent: | 0001| | 0002| | 0003| S0010CC1 | 0004| | 0005| FORTY-SECOND LEGISLATURE | 0006| SECOND SESSION, 1996 | 0007| | 0008| | 0009| JANUARY 18, 1996 | 0010| | 0011| Mr. President: | 0012| | 0013| Your COMMITTEES' COMMITTEE, to whom has been referred | 0014| | 0015| SENATE BILL 12 | 0016| | 0017| has had it under consideration and finds same to be GERMANE, PURSUANT | 0018| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE | 0019| FINANCE COMMITTEE. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| | 0001| __________________________________ | 0002| SENATOR MANNY M. ARAGON, Chairman | 0003| | 0004| | 0005| | 0006| Adopted_______________________ Not Adopted_______________________ | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| | 0010| Date ________________________ | 0011| | 0012| | 0013| | 0014| The roll call vote was For Against | 0015| Yes: | 0016| No: | 0017| Excused: | 0018| Absent: | 0019| | 0020| | 0021| SOO12CC1 | 0022| | 0023| FORTY-SECOND LEGISLATURE SB 10/a | 0024| SECOND SESSION, 1996 | 0025| | 0001| | 0002| January 29, 1996 | 0003| | 0004| Mr. President: | 0005| | 0006| Your JUDICIARY COMMITTEE, to whom has been referred | 0007| | 0008| SENATE BILL 10 | 0009| | 0010| has had it under consideration and reports same with recommendation that | 0011| it DO PASS, amended as follows: | 0012| | 0013| 1. On page 3, line 8, after the semicolon strike the remainder of | 0014| the line and lines 9 and 10 and insert in lieu thereof "any forfeiture | 0015| proceeding shall be brought in the same proceeding as the criminal | 0016| matter; however, the two issues shall be bifurcated and presented to the | 0017| same jury; and". | 0018| | 0019| and thence referred to the FINANCE COMMITTEE. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| __________________________________ | 0001| Janice D. Paster, Chairman | 0002| | 0003| | 0004| | 0005| Adopted_______________________ Not Adopted_______________________ | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| | 0009| Date ________________________ | 0010| | 0011| | 0012| The roll call vote was 5 For 1 Against | 0013| Yes: 5 | 0014| No: Reagan | 0015| Excused: Carraro, Stefanics, Vernon | 0016| Absent: None | 0017| | 0018| | 0019| | 0020| S0010JU1 | 0021| | 0022| FORTY-SECOND LEGISLATURE SB 10/a | 0023| SECOND SESSION, 1996 | 0024| | 0025| | 0001| February 3, 1996 | 0002| | 0003| Mr. President: | 0004| | 0005| Your FINANCE COMMITTEE, to whom has been referred | 0006| | 0007| SENATE BILL 10, as amended | 0008| | 0009| has had it under consideration and reports same with recommendation that | 0010| it DO PASS, amended as follows: | 0011| | 0012| 1. Strike Senate Judiciary Committee Amendment 1. | 0013| | 0014| 2. On page 5, line 1, strike "an officer having made" and insert | 0015| in lieu thereof "a law enforcement agency making". | 0016| | 0017| 3. On page 5, line 2, strike "ten" and insert in lieu thereof | 0018| "thirty". | 0019| | 0020| 4. On page 5, line 6, strike "officer" and insert in lieu thereof | 0021| "law enforcement agency". | 0022| | 0023| 5. On page 8, line 1, strike "one thousand dollars ($1,000)" and | 0024| insert in lieu thereof "ten thousand dollars ($10,000)". | 0025| | 0001| 6. On page 11, strike lines 3 and 4 in their entirety. | 0002| | 0003| 7. Reletter the succeeding subsection accordingly. | 0004| | 0005| 8. On page 12, line 15, strike "shall" and insert in lieu thereof | 0006| "may". | 0007| | 0008| 9. On page 16, line 16, after the period insert: | 0009| | 0010| "Notwithstanding the provisions of the Forfeiture Act | 0011| regarding the disposition of forfeited property, when proceeds from a | 0012| court-ordered sale of forfeited property are derived from a violation of | 0013| cultural property, the proceeds from the sale shall be used for | 0014| restoration, stabilization, protection and preservation of the cultural | 0015| property. Any proceeds remaining shall be deposited in the general | 0016| fund.". | 0017| | 0018| | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| __________________________________ | 0025| Ben D. Altamirano, Chairman | 0001| | 0002| | 0003| | 0004| Adopted_______________________ Not Adopted_______________________ | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| | 0008| Date ________________________ | 0009| | 0010| | 0011| The roll call vote was 8 For 0 Against | 0012| Yes: 8 | 0013| No: 0 | 0014| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar | 0015| Absent: None | 0016| | 0017| | 0018| S0010FC1 .111656.3 | 0019| | 0020| State of New Mexico | 0021| House of Representatives | 0022| | 0023| FORTY-SECOND LEGISLATURE | 0024| SECOND SESSION, 1996 | 0025| | 0001| | 0002| February 12, 1996 | 0003| | 0004| | 0005| Mr. Speaker: | 0006| | 0007| Your JUDICIARY COMMITTEE, to whom has been referred | 0008| | 0009| SENATE BILL 10, as amended | 0010| | 0011| has had it under consideration and reports same with | 0012| recommendation that it DO PASS, and thence referred to | 0013| APPROPRIATION AND FINANCE COMMITTEE. | 0014| | 0015| Respectfully submitted, | 0016| | 0017| | 0018| | 0019| | 0020| Cisco McSorley, Chairman | 0021| | 0022| | 0023| Adopted Not Adopted | 0024| (Chief Clerk) (Chief Clerk) | 0025| | 0001| Date | 0002| | 0003| The roll call vote was 9 For 1 Against | 0004| Yes: 9 | 0005| No: Christensen | 0006| Excused: Alwin, Gubbels, Sanchez, R.G. | 0007| Absent: None | 0008| | 0009| | 0010| | 0011| S0010JC1 State of New Mexico | 0012| House of Representatives | 0013| | 0014| FORTY-SECOND LEGISLATURE | 0015| SECOND SESSION, 1996 | 0016| | 0017| | 0018| February 13, 1996 | 0019| | 0020| | 0021| Mr. Speaker: | 0022| | 0023| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has | 0024| been referred | 0025| | 0001| SENATE BILL 10, as amended | 0002| | 0003| has had it under consideration and reports same with | 0004| recommendation that it DO PASS. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| Max Coll, Chairman | 0012| | 0013| | 0014| Adopted Not Adopted | 0015| (Chief Clerk) (Chief Clerk) | 0016| | 0017| Date | 0018| | 0019| The roll call vote was 11 For 7 Against | 0020| Yes: 11 | 0021| No: Casey, Gentry, Knowles, Light, Martinez, Townsend, Wallace | 0022| Excused: None | 0023| Absent: None | 0024| | 0025| | 0001| | 0002| S0010AF1 State of New Mexico | 0003| House of Representatives | 0004| | 0005| FORTY-SECOND LEGISLATURE | 0006| SECOND SESSION, 1996 | 0007| | 0008| | 0009| February 13, 1996 | 0010| | 0011| | 0012| Mr. Speaker: | 0013| | 0014| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has | 0015| been referred | 0016| | 0017| SENATE BILL 10, as amended | 0018| | 0019| has had it under consideration and reports same with | 0020| recommendation that it DO PASS. | 0021| | 0022| Respectfully submitted, | 0023| | 0024| | 0025| | 0001| | 0002| Max Coll, Chairman | 0003| | 0004| | 0005| Adopted Not Adopted | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| Date | 0009| | 0010| The roll call vote was 11 For 7 Against | 0011| Yes: 11 | 0012| No: Casey, Gentry, Knowles, Light, Martinez, Townsend, Wallace | 0013| Excused: None | 0014| Absent: None | 0015| | 0016| | 0017| | 0018| S0010AF1 |