0001| SENATE BILL 670
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| TIMOTHY Z. JENNINGS
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO CRIMINAL LAW; PROVIDING FOR DISBURSEMENT OF PROCEEDS
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0013| FROM THE SALE OF A MOTOR VEHICLE USED TO COMMIT THE OFFENSE OF
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0014| SHOOTING AT OR FROM A MOTOR VEHICLE; MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 30-3-8.1 NMSA 1978 (being Laws 1993,
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0018| Chapter 78, Section 2) is amended to read:
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0019| "30-3-8.1. SEIZURE AND FORFEITURE OF MOTOR VEHICLE--PROCEDURE--DISBURSEMENT OF PROCEEDS FROM SALE OF THE MOTOR
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0020| VEHICLE--EXCEPTION.--
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0021| A. A motor vehicle shall be subject to seizure and
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0022| forfeiture when the vehicle is used or intended for use in the
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0023| commission of the offense of shooting at or from a motor vehicle
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0024| pursuant to Subsection B of Section 30-3-8 NMSA 1978.
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0025| B. A motor vehicle subject to seizure and forfeiture
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0001| may be seized by a law enforcement officer:
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0002| (1) upon an order issued by the district court
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0003| having jurisdiction;
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0004| (2) without an order if the seizure is incident
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0005| to an arrest; or
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0006| (3) without an order if the seizure is incident
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0007| to a search under a valid search warrant.
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0008| C. In the event of seizure pursuant to Subsection B
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0009| of this section, proceedings under the Rules of Civil Procedure
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0010| for the District Courts and Subsection D of this section shall
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0011| be instituted promptly.
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0012| D. A motor vehicle seized under this section shall
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0013| not be subject to replevin, but is deemed to be in the custody
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0014| of the seizing law enforcement agency, subject only to the
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0015| orders and decrees of the district court. When a motor vehicle
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0016| is seized pursuant to the provisions of this section, a law
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0017| enforcement officer may remove the property to a place
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0018| designated by the district court or by the head of the officer's
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0019| agency for disposition in accordance with the law.
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0020| E. When a vehicle is forfeited pursuant to this
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0021| section, the seizing law enforcement agency shall sell the motor
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0022| vehicle at a public auction, and the proceeds, after all costs
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0023| for impoundment, forfeiture and sale are repaid, shall be
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0024| [forwarded to the state treasurer for credit to the crime
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victims reparation fund pursuant to Section 31-22-21 NMSA 1978
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within thirty days. If the sale of the motor vehicle does not
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cover the cost of impounding, forfeiting and selling the motor
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vehicle, the law enforcement agency may deduct the uncovered
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portion of the cost from the proceeds of the next sale]
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0005| disbursed to the following entities in the following amounts:
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0006| (1) fifty percent of the proceeds shall be
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0007| forwarded to the victim of the criminal offense of shooting at
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0008| or from a motor vehicle, for which the motor vehicle was seized,
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0009| forfeited and sold;
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0010| (2) twenty-five percent of the proceeds shall
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0011| be forwarded to the office of the district attorney for the
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0012| judicial district in which the motor vehicle was seized,
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0013| forfeited and sold pursuant to the provisions of this section;
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0014| and
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0015| (3) twenty-five percent of the proceeds shall
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0016| be retained by the seizing law enforcement agency.
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0017| F. No motor vehicle shall be subject to forfeiture
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0018| when the owner of the motor vehicle establishes that the offense
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0019| of shooting at or from a motor vehicle pursuant to Subsection B
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0020| of Section 30-3-8 NMSA 1978 was committed without his knowledge
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0021| or consent. A forfeiture of a motor vehicle encumbered by a
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0022| recorded bona fide security interest shall be subject to the
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0023| interest of the secured party if the secured party did not have
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0024| knowledge of or did not consent to the offense of shooting at or
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0025| from a motor vehicle pursuant to Subsection B of Section 30-3-8
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0001| NMSA 1978."
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0002| Section 2. EFFECTIVE DATE.--The effective date of the
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0003| provisions of this act is July 1, 1996.
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0004|
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0005|
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0006|
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0007| FORTY-SECOND LEGISLATURE
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0008| SECOND SESSION, 1996
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0009|
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0010|
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0011| JANUARY 31, 1996
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0012|
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0013| Mr. President:
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0014|
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0015| Your COMMITTEES' COMMITTEE, to whom has been referred
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0016|
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0017| SENATE BILL 670
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0018|
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0019| has had it under consideration and finds same to be GERMANE, PURSUANT
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0020| TO CONSTITUTIONAL PROVISIONS, and thence referred to the JUDICIARY
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0021| COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| __________________________________
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0004| SENATOR MANNY M. ARAGON, Chairman
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0005|
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0007|
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0008| Adopted_______________________ Not Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________________
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0014|
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0016| S0670CC1
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