0001| HOUSE BILL 1186
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MIMI STEWART
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO CRIMINAL LAW; PROVIDING AN EQUITABLE SCHEDULE OF
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0012| PUNISHMENTS FOR CRIMINAL OFFENSES INVOLVING THEFT; AMENDING
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0013| SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 30-16-1 NMSA 1978 (being Laws 1963,
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0017| Chapter 303, Section 16-1, as amended) is amended to read:
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0018| "30-16-1. LARCENY.--Larceny consists of the stealing of
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0019| anything of value which belongs to another.
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0020| Whoever commits larceny when the value of the property
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0021| stolen is one hundred dollars ($100) or less is guilty of a
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0022| petty misdemeanor.
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0023| Whoever commits larceny when the value of the property
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0024| stolen is over one hundred dollars ($100) but not more than
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0025| [two hundred fifty dollars ($250)] one thousand dollars
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0001| ($1,000) is guilty of a misdemeanor.
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0002| Whoever commits larceny when the value of the property
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0003| stolen is over [two hundred fifty dollars ($250)] one
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0004| thousand dollars ($1,000) but not more than two thousand five
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0005| hundred dollars ($2,500) is guilty of a fourth degree felony.
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0006| Whoever commits larceny when the value of the property
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0007| stolen is over two thousand five hundred dollars ($2,500) but
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0008| not more than twenty thousand dollars ($20,000) is guilty of a
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0009| third degree felony.
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0010| Whoever commits larceny when the value of the property
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0011| stolen is over twenty thousand dollars ($20,000) is guilty of a
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0012| second degree felony.
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0013| Whoever commits larceny when the property of value stolen
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0014| is livestock is guilty of a third degree felony regardless of
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0015| its value.
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0016| Whoever commits larceny when the property of value stolen
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0017| is a firearm is guilty of a fourth degree felony when its value
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0018| is less than two thousand five hundred dollars ($2,500)."
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0019| Section 2. Section 30-16-6 NMSA 1978 (being Laws 1963,
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0020| Chapter 303, Section 16-6, as amended) is amended to read:
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0021| "30-16-6. FRAUD.--Fraud consists of the intentional
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0022| misappropriation or taking of anything of value which belongs
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0023| to another by means of fraudulent conduct, practices or
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0024| representations.
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0025| Whoever commits fraud when the value of the property
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0001| misappropriated or taken is one hundred dollars ($100) or less
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0002| is guilty of a petty misdemeanor.
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0003| Whoever commits fraud when the value of the property
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0004| misappropriated or taken is over one hundred dollars ($100) but
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0005| not more than [two hundred fifty dollars ($250)] one
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0006| thousand dollars ($1,000) is guilty of a misdemeanor.
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0007| Whoever commits fraud when the value of the property
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0008| misappropriated or taken is over [two hundred fifty dollars
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($250)] one thousand dollars ($1,000) but not more than
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0010| [twenty-five] two thousand five hundred dollars ($2,500) is
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0011| guilty of a fourth degree felony.
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0012| [Whoever commits fraud when the property misappropriated
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or taken is a firearm is guilty of a fourth degree felony.]
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0014| Whoever commits fraud when the value of the property
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0015| misappropriated or taken is over [twenty-five] two thousand
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0016| five hundred dollars ($2,500) but not more than twenty
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0017| thousand dollars ($20,000) is guilty of a third degree felony.
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0018| Whoever commits fraud when the value of the property
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0019| misappropriated or taken exceeds twenty thousand dollars
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0020| ($20,000) is guilty of a second degree felony.
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0021| Whoever commits fraud when the property misappropriated or
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0022| taken is a firearm is guilty of a fourth degree felony when its
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0023| value is less than two thousand five hundred dollars
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0024| ($2,500)."
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0025| Section 3. Section 30-16-7 NMSA 1978 (being Laws 1971,
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0001| Chapter 282, Section 1, as amended) is amended to read:
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0002| "30-16-7. UNLAWFUL DEALING IN FEDERAL FOOD COUPONS OR WIC
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0003| CHECKS.--Unlawful dealing in federal food coupons or WIC checks
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0004| consists of a person buying, selling, trading, bartering or
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0005| possessing food coupons or WIC checks issued by the United
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0006| States department of agriculture with the intent to obtain an
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0007| economic benefit to which he is not entitled under the rules
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0008| and regulations of the human services department pertaining to
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0009| the food stamp program or of the [health and environment]
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0010| department of health pertaining to the special supplemental
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0011| food program for women, infants and children.
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0012| Whoever commits unlawful dealing in federal food coupons
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0013| or WIC checks when the value of the food coupons or WIC checks
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0014| involved is one hundred dollars ($100) or less is guilty of a
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0015| petty misdemeanor.
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0016| Whoever commits unlawful dealing in federal food coupons
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0017| or WIC checks when the value of the food coupons or WIC checks
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0018| involved is over one hundred dollars ($100) but not more than
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0019| [two hundred fifty dollars ($250)] one thousand dollars
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0020| ($1,000) is guilty of a misdemeanor.
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0021| Whoever commits unlawful dealing in federal food coupons
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0022| or WIC checks when the value of the food coupons or WIC checks
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0023| involved is over [two hundred fifty dollars ($250)] one
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0024| thousand dollars ($1,000) but not more than [twenty-five]
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0025| two thousand five hundred dollars ($2,500) is guilty of a
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0001| fourth degree felony.
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0002| Whoever commits unlawful dealing in federal food coupons
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0003| or WIC checks when the value of the food coupons or WIC checks
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0004| involved is over [twenty-five] two thousand five hundred
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0005| dollars ($2,500) but not more than twenty thousand dollars
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0006| ($20,000) is guilty of a third degree felony.
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0007| Whoever commits unlawful dealing in federal food coupons
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0008| or WIC checks when the value of the food coupons or WIC checks
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0009| involved exceeds twenty thousand dollars ($20,000) is guilty of
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0010| a second degree felony."
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0011| Section 4. Section 30-16-8 NMSA 1978 (being Laws 1963,
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0012| Chapter 303, Section 16-7, as amended) is amended to read:
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0013| "30-16-8. EMBEZZLEMENT.--Embezzlement consists of the
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0014| embezzling or converting to his own use of anything of value,
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0015| with which he has been entrusted, with fraudulent intent to
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0016| deprive the owner thereof. Each separate incident of
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0017| embezzlement or conversion constitutes a separate and distinct
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0018| offense.
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0019| Whoever commits embezzlement when the value of the thing
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0020| embezzled or converted is one hundred dollars ($100) or less is
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0021| guilty of a petty misdemeanor.
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0022| Whoever commits embezzlement when the value of the thing
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0023| embezzled or converted is over one hundred dollars ($100) but
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0024| not more than [two hundred fifty dollars ($250)] one
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0025| thousand dollars ($1,000) is guilty of a misdemeanor.
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0001| Whoever commits embezzlement when the value of the thing
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0002| embezzled or converted is over [two hundred fifty dollars
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($250)] one thousand dollars ($1,000) but not more than two
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0004| thousand five hundred dollars ($2,500) is guilty of a fourth
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0005| degree felony.
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0006| Whoever commits embezzlement when the value of the thing
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0007| embezzled or converted is over two thousand five hundred
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0008| dollars ($2,500) but not more than twenty thousand dollars
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0009| ($20,000) is guilty of a third degree felony.
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0010| Whoever commits embezzlement when the value of the thing
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0011| embezzled or converted exceeds twenty thousand dollars
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0012| ($20,000) is guilty of a second degree felony."
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0013| Section 5. Section 30-16-11 NMSA 1978 (being Laws 1963,
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0014| Chapter 303, Section 16-11, as amended) is amended to read:
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0015| "30-16-11. RECEIVING STOLEN PROPERTY--PENALTIES.--
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0016| A. Receiving stolen property means intentionally to
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0017| receive, retain or dispose of stolen property knowing that it
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0018| has been stolen or believing it has been stolen, unless the
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0019| property is received, retained or disposed of with intent to
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0020| restore it to the owner.
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0021| B. The requisite knowledge or belief that property
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0022| has been stolen is presumed in the case of a dealer who:
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0023| (1) is found in possession or control of
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0024| property stolen from two or more persons on separate occasions;
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0025| (2) acquires stolen property for a
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0001| consideration which the dealer knows is far below the
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0002| property's reasonable value. A dealer shall be presumed to
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0003| know the fair market value of the property in which he deals;
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0004| or
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0005| (3) is found in possession or control of five
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0006| or more items of property stolen within one year prior to the
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0007| time of the incident charged pursuant to this section.
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0008| C. For the purposes of this section:
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0009| (1) "dealer" means a person in the business of
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0010| buying or selling goods or commercial merchandise; and
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0011| (2) "stolen property" means any property
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0012| acquired by theft, larceny, fraud, embezzlement, robbery or
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0013| armed robbery.
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0014| D. Whoever commits receiving stolen property when
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0015| the value of the property is one hundred dollars ($100) or less
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0016| is guilty of a petty misdemeanor.
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0017| E. Whoever commits receiving stolen property when
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0018| the value of the property is over one hundred dollars ($100)
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0019| but not more than [two hundred fifty dollars ($250)] one
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0020| thousand dollars ($1,000) is guilty of a misdemeanor.
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0021| F. Whoever commits receiving stolen property when
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0022| the value of the property is over [two hundred fifty dollars
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($250)] one thousand dollars ($1,000) but not more than two
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0024| thousand five hundred dollars ($2,500) is guilty of a fourth
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0025| degree felony.
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0001| G. Whoever commits receiving stolen property when
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0002| the value of the property is over two thousand five hundred
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0003| dollars ($2,500) but not more than twenty thousand dollars
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0004| ($20,000) is guilty of a third degree felony.
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0005| H. Whoever commits receiving stolen property when
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0006| the value of the property exceeds twenty thousand dollars
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0007| ($20,000) is guilty of a second degree felony.
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0008| I. Whoever commits receiving stolen property when
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0009| the property is a firearm is guilty of a fourth degree felony,
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0010| when its value is less than two thousand five hundred dollars
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0011| ($2,500)."
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0012| Section 6. Section 30-16-13 NMSA 1978 (being Laws 1963,
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0013| Chapter 303, Section 16-13) is amended to read:
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0014| "30-16-13. CHEATING A MACHINE OR DEVICE.--
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0015| A. Cheating a machine or device consists of any
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0016| person, with intent to defraud, attempting to operate or
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0017| causing to be operated any automatic vending machine, parking
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0018| meter, coin-box telephone or any machine or [receptable]
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0019| receptacle designed to receive lawful money of the United
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0020| States in connection with the sale, use or enjoyment of
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0021| property or service by means of any slug or by any false,
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0022| counterfeited, mutilated, sweated or foreign coin or by any
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0023| means, method, trick or device.
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0024| B. Whoever commits cheating a machine or device
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0025| when the value of the property or service is one hundred
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0001| dollars ($100) or less is guilty of a petty misdemeanor.
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0002| C. Whoever commits cheating a machine or device
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0003| when the value of the property or service is over one hundred
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0004| dollars ($100) but not more than one thousand dollars ($1,000)
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0005| is guilty of a misdemeanor.
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0006| D. Whoever commits cheating a machine or device
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0007| when the value of the property or service is over one thousand
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0008| dollars ($1,000) but not more than two thousand five hundred
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0009| dollars ($2,500) is guilty of a fourth degree felony.
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0010| E. Whoever commits cheating a machine or device
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0011| when the value of the property or service is over two thousand
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0012| five hundred dollars ($2,500) but not more than twenty thousand
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0013| dollars ($20,000) is guilty of a third degree felony.
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0014| F. Whoever commits cheating a machine or device
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0015| when the value of the property or service is over twenty
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0016| thousand dollars ($20,000) is guilty of a second degree
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0017| felony."
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0018| Section 7. Section 30-16-16 NMSA 1978 (being Laws 1963,
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0019| Chapter 303, Section 16-16, as amended) is amended to read:
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0020| "30-16-16. FALSELY OBTAINING SERVICES OR ACCOMMODATIONS--
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0021| PROBABLE CAUSE--IMMUNITY--PENALTY.--
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0022| A. Falsely obtaining services or accommodations
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0023| consists of any person obtaining service, food, entertainment
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0024| or accommodations without paying with the intent to cheat or
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0025| defraud the owner or person supplying such service, food,
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0001| entertainment or accommodations.
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0002| B. Any law enforcement officer may arrest without
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0003| warrant any person he has probable cause for believing has
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0004| committed the crime of falsely obtaining services or
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0005| accommodations as defined in this section. Any merchant, owner
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0006| or proprietor who causes such an arrest shall not be criminally
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0007| or civilly liable if he has actual knowledge that the person so
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0008| arrested has committed the crime of falsely obtaining services
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0009| or accommodations.
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0010| C. Whoever commits falsely obtaining services or
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0011| accommodations when the value of the service, food,
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0012| entertainment or accommodations furnished is:
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0013| (1) less than one hundred dollars ($100) is
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0014| guilty of a petty misdemeanor;
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0015| (2) more than one hundred dollars ($100) but
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0016| not more than [two hundred fifty dollars ($250)] one
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0017| thousand dollars ($1,000) is guilty of a misdemeanor;
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0018| (3) more than [two hundred fifty dollars
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($250)] one thousand dollars ($1,000) but not more than two
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0020| thousand five hundred dollars ($2,500) is guilty of a fourth
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0021| degree felony;
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0022| (4) more than two thousand five hundred dollars
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0023| ($2,500) but not more than twenty thousand dollars ($20,000) is
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0024| guilty of a third degree felony; and
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0025| (5) more than twenty thousand dollars ($20,000)
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0001| is guilty of a second degree felony."
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0002| Section 8. Section 30-16-20 NMSA 1978 (being Laws 1965,
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0003| Chapter 5, Section 2, as amended) is amended to read:
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0004| "30-16-20. CRIME OF SHOPLIFTING CREATED.--
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0005| A. Shoplifting consists of any one or more of the
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0006| following acts:
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0007| (1) willfully taking possession of any
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0008| merchandise with the intention of converting it without paying
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0009| for it;
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0010| (2) willfully concealing any merchandise with
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0011| the intention of converting it without paying for it;
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0012| (3) willfully altering any label, price tag or
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0013| marking upon any merchandise with the intention of depriving
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0014| the merchant of all or some part of the value of it; or
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0015| (4) willfully transferring any merchandise from
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0016| the container in or on which it is displayed to any other
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0017| container with the intention of depriving the merchant of all
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0018| or some part of the value of it.
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0019| B. Whoever commits shoplifting when the value of the
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0020| merchandise shoplifted:
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0021| (1) is one hundred dollars ($100) or less is
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0022| guilty of a petty misdemeanor;
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0023| (2) is more than one hundred dollars ($100) but
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0024| not more than [two hundred fifty dollars ($250)] one
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0025| thousand dollars ($1,000) is guilty of a misdemeanor;
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0001| (3) is more than [two hundred fifty dollars
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($250)] one thousand dollars ($1,000) but not more than two
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0003| thousand five hundred dollars ($2,500) is guilty of a fourth
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0004| degree felony;
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0005| (4) is more than two thousand five hundred dollars
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0006| ($2,500) but not more than twenty thousand dollars ($20,000) is
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0007| guilty of a third degree felony; or
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0008| (5) is more than twenty thousand dollars
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0009| ($20,000) is guilty of a second degree felony.
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0010| C. Any individual charged with a violation of this
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0011| section shall not be charged with a separate or additional
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0012| offense arising out of the same transaction."
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0013| Section 9. Section 30-16-33 NMSA 1978 (being Laws 1971,
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0014| Chapter 239, Section 9) is amended to read:
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0015| "30-16-33. FRAUDULENT USE OF CREDIT CARDS.--
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0016| A. [A person is guilty of a fourth degree felony if,
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with intent to defraud, he uses to obtain anything of value]
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0018| Fraudulent use of a credit card consists of obtaining anything
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0019| of value, with intent to defraud, by using:
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0020| (1) a credit card obtained in violation of
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0021| Sections [40A-16-24 through 40A-16-38 NMSA 1953; or] 30-16-
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0022| 25 through 30-16-38 NMSA 1978;
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0023| (2) a credit card which is invalid, expired or
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0024| revoked; [or]
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0025| (3) a credit card while fraudulently
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0001| representing that he is the cardholder named on the credit card
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0002| or an authorized agent or representative of the cardholder
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0003| named on the credit card; or
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0004| (4) a credit card issued in the name of another
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0005| without the consent of the person to whom the card has been
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0006| issued.
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0007| [B. If the value of all things of value obtained by
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any person from one or more merchants, an issuer or a
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participating party, in violation of this section exceeds three
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hundred dollars ($300) in any consecutive six months period,
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then the offense of the violator is a third degree felony.]
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0012| B. Whoever commits fraudulent use of a credit card
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0013| when the value of the property or service is one hundred
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0014| dollars ($100) or less is guilty of a petty misdemeanor.
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0015| C. Whoever commits fraudulent use of a credit card
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0016| when the value of the property or service is over one hundred
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0017| dollars ($100) but not more than one thousand dollars ($1,000)
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0018| is guilty of a misdemeanor.
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0019| D. Whoever commits fraudulent use of a credit card
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0020| when the value of the property or service is over one thousand
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0021| dollars ($1,000) but not more than two thousand five hundred
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0022| dollars ($2,500) is guilty of a fourth degree felony.
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0023| E. Whoever commits fraudulent use of a credit card
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0024| when the value of the property or service is over two thousand
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0025| five hundred dollars ($2,500) but not more than twenty thousand
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0001| dollars ($20,000) is guilty of a third degree felony.
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0002| F. Whoever commits fraudulent use of a credit card
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0003| when the value of the property or service is over twenty
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0004| thousand dollars ($20,000) is guilty of a second degree
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0005| felony."
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0006| Section 10. Section 30-16-39 NMSA 1978 (being Laws 1972,
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0007| Chapter 23, Section 1, as amended) is amended to read:
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0008| "30-16-39. FRAUDULENT ACTS TO OBTAIN OR RETAIN POSSESSION
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0009| OF RENTED OR LEASED VEHICLE OR OTHER PERSONAL PROPERTY--
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0010| PENALTY.--Any person who rents or leases a vehicle or other
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0011| personal property and obtains or retains possession of it by
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0012| means of any false or fraudulent representation, fraudulent
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0013| concealment, false pretense or personation, trick, artifice or
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0014| device, including but not limited to a false representation as
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0015| to his name, residence, employment or operator's license is
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0016| guilty:
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0017| A. of a [fourth degree felony] petty misdemeanor
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0018| if the property [is a] or vehicle [or] has a value [in
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excess] of one hundred dollars ($100) or less; [or]
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0020| B. of a [petty] misdemeanor if the property [is
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not a] or vehicle [and] has a value of over one hundred
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0022| dollars ($100) [or less] but not more than one thousand
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0023| dollars ($1,000);
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0024| C. of a fourth degree felony if the property or
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0025| vehicle has a value of over one thousand dollars ($1,000) but
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0001| not more than two thousand five hundred dollars ($2,500);
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0002| D. of a third degree felony if the property or
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0003| vehicle has a value of over two thousand five hundred dollars
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0004| ($2,500) but not more than twenty thousand dollars ($20,000);
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0005| and
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0006| E. of a second degree felony if the property or
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0007| vehicle has a value of over twenty thousand dollars
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0008| ($20,000)."
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0009| Section 11. Section 30-16-40 NMSA 1978 (being Laws 1973,
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0010| Chapter 154, Section 1, as amended) is amended to read:
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0011| "30-16-40. FRAUDULENT REFUSAL TO RETURN A LEASED VEHICLE
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0012| OR OTHER PERSONAL PROPERTY--PENALTY--PRESUMPTION.--
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0013| A. Any person who, after leasing a vehicle or other
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0014| personal property under a written agreement which provides for
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0015| the return of the vehicle or personal property to a particular
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0016| place at a particular time and who, with intent to defraud the
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0017| lessor of the vehicle or personal property, fails to return the
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0018| vehicle or personal property to the place within the time
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0019| specified, is guilty:
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0020| [(1) of a fourth degree felony if the property
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is a vehicle or has a value in excess of one hundred dollars
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($100); or
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(2) of a petty misdemeanor if the property is
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not a vehicle and has a value of one hundred dollars ($100) or
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less]
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0001| (1) of a petty misdemeanor if the property or
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0002| vehicle has a value of one hundred dollars ($100) or less;
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0003| (2) of a misdemeanor if the property or vehicle
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0004| has a value of over one hundred dollars ($100) but not more
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0005| than one thousand dollars ($1,000);
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0006| (3) of a fourth degree felony if the property or
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0007| vehicle has a value of over one thousand dollars ($1,000) but
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0008| not more than two thousand five hundred dollars ($2,500);
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0009| (4) of a third degree felony if the property or
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0010| vehicle has a value of over two thousand five hundred dollars
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0011| ($2,500) but not more than twenty thousand dollars ($20,000);
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0012| and
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0013| (5) of a second degree felony if the property or
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0014| vehicle has a value of over twenty thousand dollars ($20,000).
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0015| B. Failure of the lessee to return the vehicle or
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0016| personal property to the place specified within seventy-two
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0017| hours after mailing to him by certified mail at his address
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0018| shown on the leasing agreement of a written demand to return
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0019| the vehicle or personal property shall raise a rebuttable
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0020| presumption that the failure to return the vehicle or personal
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0021| property was with intent to defraud."
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0022| Section 12. Section 30-36-5 NMSA 1978 (being Laws 1965,
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0023| Chapter 114, Section 1) is amended to read:
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0024| "30-36-5. PENALTY.--Any person violating Section [40-49-
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4 New Mexico Statutes Annotated, 1953 Compilation] 30-36-4
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0001| NMSA 1978 shall be punished as follows:
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0002| A. when the amount of the check, draft or order or
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0003| the total amount of the checks, drafts or orders [are for more
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than one dollar ($1.00) but less than twenty-five dollars
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($25.00), imprisonment in the county jail for a term of not
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more than thirty days or a fine of not more than one hundred
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dollars ($100), or both such imprisonment and fine] is one
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0008| hundred dollars ($100) or less, the person is guilty of a petty
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0009| misdemeanor;
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0010| B. when the amount of the check, draft or order or
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0011| the total amount of the checks, drafts or orders [are for
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twenty-five dollars ($25.00) or more, imprisonment in the
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penitentiary for a term of not less than one year nor more than
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three years or the payment of a fine of not more than one
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thousand dollars ($1,000) or both such imprisonment and fine]
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0016| is over one hundred dollars ($100) but not more than one
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0017| thousand dollars ($1,000), the person is guilty of a
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0018| misdemeanor;
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0019| C. when the amount of the check, draft or order or
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0020| the total amount of the checks, drafts or orders is over one
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0021| thousand dollars ($1,000) but not more than two thousand five
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0022| hundred dollars ($2,500), the person is guilty of a fourth
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0023| degree felony;
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0024| D. when the amount of the check, draft or order or
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0025| the total amount of the checks, drafts or orders is over two
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0001| thousand five hundred dollars ($2,500) but not more than twenty
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0002| thousand dollars ($20,000), the person is guilty of a third
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0003| degree felony; and
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0004| E. when the amount of the check, draft or order or
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0005| the total amount of the checks, drafts or orders is over twenty
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0006| thousand dollars ($20,000), the person is guilty of a second
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0007| degree felony."
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0008| Section 13. Section 30-50-4 NMSA 1978 (being Laws 1995,
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0009| Chapter 37, Section 4) is amended to read:
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0010| "30-50-4. FRAUDULENT TELEMARKETING--PENALTIES.--Any
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0011| person who knowingly and willfully engages in telemarketing to
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0012| or from a telephone located in New Mexico with the intent to
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0013| embezzle or to obtain money, property or any thing of value by
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0014| fraudulent pretenses, representations or promises in the course
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0015| of a telephone communication, when:
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0016| A. the money, property or thing has a value of [less
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than two hundred fifty dollars ($250)] one hundred dollars
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0018| ($100) or less, is guilty of a petty misdemeanor and shall
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0019| be sentenced pursuant to the provisions of Section 31-19-1 NMSA
|
0020| 1978;
|
0021| B. the money, property or thing has a value of [two
|
hundred fifty dollars ($250) or more but less than two thousand
|
five hundred dollars ($2,500)] more than one hundred dollars
|
0024| ($100) but not more than one thousand dollars ($1,000), is
|
0025| guilty of a [fourth degree felony] misdemeanor and shall be
|
0001| sentenced pursuant to the provisions of Section [31-18-15]
|
0002| 31-19-1 NMSA 1978;
|
0003| C. the money, property or thing has a value of [two
|
thousand five hundred dollars ($2,500) or more but less than
|
twenty thousand dollars ($20,000)] more than one thousand
|
0006| dollars ($1,000) but not more than two thousand five hundred
|
0007| dollars ($2,500), is guilty of a [third] fourth degree
|
0008| felony and shall be sentenced pursuant to the provisions of
|
0009| Section 31-18-15 NMSA 1978; [or]
|
0010| D. the money, property or thing has a value of more
|
0011| than two thousand five hundred dollars ($2,500) but not more
|
0012| than twenty thousand dollars ($20,000), is guilty of a third
|
0013| degree felony and shall be sentenced pursuant to the provisions
|
0014| of Section 31-18-15 NMSA 1978; or
|
0015| [D.] E. the money, property or thing has a value
|
0016| of twenty thousand dollars ($20,000) or more, is guilty of a
|
0017| second degree felony and shall be sentenced pursuant to the
|
0018| provisions of Section 31-18-15 NMSA 1978."
|
0019| Section 14. EFFECTIVE DATE.--The effective date of the
|
0020| provisions of this act is July 1, 1997.
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0021|
|
0022|
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0023| State of New Mexico
|
0024| House of Representatives
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0025|
|
0001| FORTY-THIRD LEGISLATURE
|
0002| FIRST SESSION, 1997
|
0003|
|
0004|
|
0005| March 8, 1997
|
0006|
|
0007|
|
0008| Mr. Speaker:
|
0009|
|
0010| Your JUDICIARY COMMITTEE, to whom has been referred
|
0011|
|
0012| HOUSE BILL 1186
|
0013|
|
0014| has had it under consideration and reports same with
|
0015| recommendation that it DO PASS, amended as follows:
|
0016|
|
0017| 1. On page 14, between lines 1 and 2, insert the following
|
0018| new section:
|
0019|
|
0020| "Section 10. Section 30-16-36 NMSA 1978 (being Laws 1971,
|
0021| Chapter 239, Section 12) is amended to read:
|
0022|
|
0023| "30-16-36. RECEIPT OF PROPERTY OBTAINED IN VIOLATION OF
|
0024| ACT.--Any person who receives the money, goods, services or
|
0025| anything else of value obtained in violation of Section [40A-16-
|
33 NMSA 1953] 30-16-33 NMSA 1978, and who knows or has reason
|
0002| to believe that it was so obtained, violates this section. The
|
0003| degree of the offense is determined as follows:
|
0004|
|
0005| A. if the value of all things of value obtained from
|
0006| any person [or persons] in violation of this section is one
|
0007| hundred dollars ($100) or less in any consecutive [six months]
|
0008| six-month period, then the offense is a petty misdemeanor;
|
0009|
|
0010| B. if the value of all things of value obtained from
|
0011| any person [or persons] in violation of this section is more
|
0012| than one hundred dollars ($100) but [less than three hundred
|
dollars ($300) in any consecutive six months period, then the
|
offense is a fourth degree felony;
|
C. if the value of all things of value obtained from
|
any person or persons in violation of this section is three
|
hundred dollars ($300) or more in any consecutive six months
|
period, then the offense is a third degree felony] not more
|
0019| than one thousand dollars ($1,000) in any consecutive six-month
|
0020| period, then the offense is a misdemeanor;
|
0021|
|
0022| C. if the value of all things of value obtained from
|
0023| any person in violation of this section is more than one thousand
|
0024| dollars ($1,000) but not more than two thousand five hundred
|
0025| dollars ($2,500) in any consecutive six-month period, then the
|
0001| offense is a fourth degree felony;
|
0002|
|
0003| D. if the value of all things of value obtained from
|
0004| any person in violation of this section is more than two thousand
|
0005| five hundred dollars ($2,500) but not more than twenty thousand
|
0006| dollars ($20,000) in any consecutive six-month period, then the
|
0007| offense is a third degree felony; or
|
0008|
|
0009| E. if the value of all things of value obtained from
|
0010| any person in violation of this section is more than twenty
|
0011| thousand dollars ($20,000) in any consecutive six-month period,
|
0012| then the offense is a second degree felony."".
|
0013|
|
0014| 2. Renumber the succeeding sections accordingly.,
|
0015|
|
0016| and thence referred to the APPROPRIATIONS AND FINANCE
|
0017| COMMITTEE.
|
0018|
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024|
|
0025|
|
0001|
|
0002| Thomas P. Foy, Chairman
|
0003|
|
0004|
|
0005| Adopted Not Adopted
|
0006| (Chief Clerk)
|
0007| (Chief Clerk)
|
0008|
|
0009| Date
|
0010|
|
0011| The roll call vote was 7 For 0 Against
|
0012| Yes: 7
|
0013| Excused: King, Luna, Mallory, Pederson, Rios, Sanchez
|
0014| Absent: None
|
0015|
|
0016|
|
0017| .117887.1
|
0018| G:\BILLTEXT\BILLW_97\H1186 State of New Mexico
|
0019| House of Representatives
|
0020|
|
0021| FORTY-THIRD LEGISLATURE
|
0022| FIRST SESSION, 1997
|
0023|
|
0024|
|
0025| March 11, 1997
|
0001|
|
0002|
|
0003| Mr. Speaker:
|
0004|
|
0005| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0006| whom has been referred
|
0007|
|
0008| HOUSE BILL 1186, as amended
|
0009|
|
0010| has had it under consideration and reports same with
|
0011| recommendation that it DO PASS.
|
0012|
|
0013|
|
0014| Respectfully submitted,
|
0015|
|
0016|
|
0017|
|
0018|
|
0019|
|
0020|
|
0021| Max Coll, Chairman
|
0022|
|
0023|
|
0024| Adopted Not Adopted
|
0025| (Chief Clerk)
|
0001| (Chief Clerk)
|
0002|
|
0003| Date
|
0004|
|
0005| The roll call vote was 10 For 1 Against
|
0006| Yes: 10
|
0007| No: Buffett
|
0008| Excused: Heaton, Marquardt, Pearce, Salazar, Taylor, J.P., Varela
|
0009| Absent: None
|
0010|
|
0011|
|
0012| G:\BILLTEXT\BILLW_97\H1186
|
0013|
|
0014| FORTY-THIRD LEGISLATURE
|
0015| FIRST SESSION, 1997
|
0016|
|
0017|
|
0018| March 21, 1997
|
0019|
|
0020| Mr. President:
|
0021|
|
0022| Your JUDICIARY COMMITTEE, to whom has been referred
|
0023|
|
0024| HOUSE BILL 1186, as amended
|
0025|
|
0001| has had it under consideration and reports same with
|
0002| recommendation that it DO PASS.
|
0003|
|
0004| Respectfully submitted,
|
0005|
|
0006|
|
0007|
|
0008|
|
0009| __________________________________
|
0010| Fernando R. Macias, Chairman
|
0011|
|
0012|
|
0013|
|
0014| Adopted_______________________ Not
|
0015| Adopted_______________________
|
0016| (Chief Clerk) (Chief Clerk)
|
0017|
|
0018|
|
0019|
|
0020| Date ________________________
|
0021|
|
0022|
|
0023| The roll call vote was 7 For 1 Against
|
0024| Yes: 7
|
0025| No: Tsosie
|
0001| Excused: None
|
0002| Absent: None
|
0003|
|
0004|
|
0005| H1186JU1
|