0001| SENATE BILL 85 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| MARK L. BOITANO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CRIMINAL LAW; MAKING IT UNLAWFUL TO POSSESS A | 0012| CONTROLLED SUBSTANCE, A CONTROLLED SUBSTANCE ANALOG OR A | 0013| COUNTERFEIT SUBSTANCE IN A CORRECTIONAL FACILITY; ENACTING A | 0014| NEW SECTION OF THE CONTROLLED SUBSTANCES ACT. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new section of the Controlled Substances | 0018| Act is enacted to read: | 0019| "[NEW MATERIAL] CONTROLLED SUBSTANCE--CONTROLLED | 0020| SUBSTANCE ANALOG--COUNTERFEIT SUBSTANCE--POSSESSION IN | 0021| CORRECTIONAL FACILITY PROHIBITED.-- | 0022| A. Notwithstanding the provisions of Section | 0023| 30-31-23 NMSA 1978, it is unlawful for a person intentionally | 0024| to possess a controlled substance while on the premises of a | 0025| correctional facility operated by the corrections department | - 1 - 0001| or operated for the corrections department pursuant to a | 0002| contract, unless the substance was obtained pursuant to a | 0003| valid prescription or order of a practitioner while acting in | 0004| the course of his professional practice or except as otherwise | 0005| authorized by the Controlled Substances Act. It is unlawful | 0006| for a person intentionally to possess a controlled substance | 0007| analog or counterfeit substance while on the premises of a | 0008| correctional facility operated by the corrections department | 0009| or operated for the corrections department pursuant to a | 0010| contract. | 0011| B. A person who violates the provisions of this | 0012| section is guilty of a third degree felony." | 0013| Section 2. EFFECTIVE DATE.--The effective date of the | 0014| provisions of this act is July 1, 1998. | 0015|  |