0001| SENATE BILL 186
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| SHANNON ROBINSON
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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; EXPANDING THE LIST OF PREDICATE
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0012| OFFENSES FOR THE CRIME OF RACKETEERING; AMENDING A SECTION OF
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0013| THE RACKETEERING ACT.
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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 30-42-3 NMSA 1978 (being Laws 1980,
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0017| Chapter 40, Section 3, as amended) is amended to read:
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0018| "30-42-3. DEFINITIONS.--As used in the Racketeering Act:
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0019| A. "racketeering" means any act which is
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0020| chargeable or indictable under the laws of New Mexico and
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0021| punishable by imprisonment for more than one year, involving
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0022| any of the following cited offenses:
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0023| (1) murder, as provided in Section 30-2-1
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0024| NMSA 1978;
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0025| (2) robbery, as provided in Section 30-16-2
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0001| NMSA 1978;
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0002| (3) kidnapping, as provided in Section 30-4-1
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0003| NMSA 1978;
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0004| (4) forgery, as provided in Section 30-16-10
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0005| NMSA 1978;
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0006| (5) larceny, as provided in Section 30-16-1
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0007| NMSA 1978;
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0008| (6) fraud, as provided in Section 30-16-6
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0009| NMSA 1978;
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0010| (7) embezzlement, as provided in Section
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0011| 30-16-8 NMSA 1978;
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0012| (8) receiving stolen property, as provided in
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0013| Section 30-16-11 NMSA 1978;
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0014| (9) bribery, as provided in Sections 30-24-1
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0015| through 30-24-3 NMSA 1978;
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0016| (10) gambling, as provided in Sections
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0017| 30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
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0018| (11) illegal kickbacks, as provided in
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0019| Sections 30-41-1 and 30-41-2 NMSA 1978;
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0020| (12) extortion, as provided in Section
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0021| 30-16-9 NMSA 1978;
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0022| (13) trafficking in controlled substances, as
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0023| provided in Section 30-31-20 NMSA 1978;
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0024| (14) arson and aggravated arson, as provided
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0025| in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA
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0001| 1978;
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0002| (15) promoting prostitution, as provided in
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0003| Section 30-9-4 NMSA 1978;
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0004| (16) criminal solicitation, as provided in
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0005| Section 30-28-3 NMSA 1978;
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0006| (17) fraudulent securities practices, as
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0007| provided in the New Mexico Securities Act of 1986;
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0008| (18) loan sharking, as provided in Sections
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0009| 30-43-1 through 30-43-5 NMSA 1978; [and]
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0010| (19) distribution of controlled substances or
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0011| controlled substance analogues as provided [for] in Sections
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0012| 30-31-21 and 30-31-22 NMSA 1978;
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0013| (20) unlawful taking of a vehicle or a motor
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0014| vehicle, as provided in Section 66-3-504 NMSA 1978;
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0015| (21) receiving or transferring stolen
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0016| vehicles or motor vehicles, as provided in Section 66-3-505
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0017| NMSA 1978; and
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0018| (22) altering or changing engine numbers or
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0019| other motor vehicle numbers, as provided in Section 66-3-508
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0020| NMSA 1978;
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0021| B. "person" [includes] means any individual or
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0022| entity capable of holding a legal or beneficial interest in
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0023| property;
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0024| C. "enterprise" means any sole proprietorship,
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0025| partnership, corporation, business, labor union, association
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0001| or other legal entity or any group of individuals associated
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0002| in fact although not a legal entity and includes illicit as
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0003| well as licit entities; and
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0004| D. "pattern of racketeering activity" means
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0005| engaging in at least two incidents of racketeering with the
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0006| intent of accomplishing any of the prohibited activities set
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0007| forth in Subsections A through D of Section 30-42-4 NMSA 1978;
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0008| provided at least one of [such] the incidents occurred
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0009| after the effective date of the Racketeering Act and the last
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0010| [of which] incident occurred within five years after the
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0011| commission of a prior incident of racketeering."
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0012| Section 2. EFFECTIVE DATE.--The effective date of the
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0013| provisions of this act is July 1, 1998.
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0014|
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