HOUSE BILL 106
48th legislature - STATE OF NEW MEXICO - second session, 2008
INTRODUCED BY
Thomas E. Swisstack
AN ACT
RELATING TO CRIMINAL LAW; PROVIDING CRIMINAL PENALTIES FOR RECRUITING OTHERS TO JOIN A CRIMINAL STREET GANG OR INDUCING PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY; ENHANCING PENALTIES FOR RECRUITMENT AND INDUCEMENT OF MINORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Criminal Code is enacted to read:
"[NEW MATERIAL] GANG RECRUITMENT.--
A. Gang recruitment consists of the solicitation or recruitment of another with the intent that the person solicited or recruited:
(1) knowingly participate in a pattern of criminal street gang activity; or
(2) promote, further or assist in felonious conduct by members of a criminal street gang.
B. Whoever commits gang recruitment is guilty of a misdemeanor. Whoever commits gang recruitment of a minor is guilty of a fourth degree felony.
C. Gang recruitment by threat or violence consists of threatening another with physical violence on two or more separate occasions within a thirty-day period, or using physical violence, with the intent to coerce, induce or solicit another to:
(1) knowingly participate in a pattern of criminal street gang activity; or
(2) promote, further or assist in felonious conduct by members of a criminal street gang.
D. Whoever commits gang recruitment by threat or violence is guilty of a fourth degree felony. Whoever commits gang recruitment of a minor by threat or violence is guilty of a third degree felony.
E. As used in this section, "criminal street gang" means an ongoing organization, association or group of three or more persons, whether formal or informal, having a common name or identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal street gang activity and having as one of its primary activities the commission of one or more of the following felonies:
(1) murder, pursuant to Section 30-2-1 NMSA 1978;
(2) voluntary manslaughter, pursuant to Subsection A of Section 30-2-3 NMSA 1978;
(3) aggravated assault, pursuant to Section 30-3-2 NMSA 1978;
(4) assault with intent to commit a violent felony, pursuant to Section 30-3-3 NMSA 1978;
(5) aggravated battery, pursuant to Subsection C of Section 30-3-5 NMSA 1978;
(6) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, pursuant to Section 30-3-8 NMSA 1978;
(7) aggravated stalking, pursuant to Section 30-3A-3.1 NMSA 1978;
(8) kidnapping, pursuant to Section 30-4-1 NMSA 1978;
(9) sexual exploitation of children by prostitution, pursuant to Section 30-6A-4 NMSA 1978;
(10) dangerous use of explosives, pursuant to Section 30-7-5 NMSA 1978;
(11) possession of explosives, explosive devices or incendiary devices, pursuant to Sections 30-7-19 and 30-7-19.1 NMSA 1978;
(12) criminal sexual penetration in the first, second or third degree, pursuant to Section 30-9-11 NMSA 1978;
(13) criminal sexual contact of a minor, pursuant to Section 30-9-13 NMSA 1978;
(14) felony criminal damage to property, pursuant to Section 30-15-1 NMSA 1978;
(15) felony graffiti, pursuant to Section
30-15-1.1 NMSA 1978;
(16) robbery, pursuant to Section 30-16-2 NMSA 1978;
(17) burglary, pursuant to Section 30-16-3 NMSA 1978;
(18) aggravated burglary, pursuant to Section 30-16-4 NMSA 1978;
(19) extortion, pursuant to Section 30-16-9 NMSA 1978;
(20) aggravated fleeing a law enforcement officer, pursuant to Section 30-22-1.1 NMSA 1978;
(21) harboring or aiding a felon, pursuant to Section 30-22-4 NMSA 1978;
(22) aggravated assault upon a peace officer, pursuant to Section 30-22-22 NMSA 1978;
(23) assault with intent to commit a violent felony upon a peace officer, pursuant to Section 30-22-23 NMSA 1978;
(24) aggravated battery on a peace officer, pursuant to Section 30-22-25 NMSA 1978;
(25) bribery or intimidation of a witness or retaliation against a witness, pursuant to Section 30-24-3 NMSA 1978;
(26) trafficking in a controlled substance, pursuant to Section 30-31-20 NMSA 1978;
(27) unlawful taking of a motor vehicle, pursuant to Section 66-3-504 NMSA 1978;
(28) money laundering, pursuant to the Money Laundering Act; and
(29) an attempt to commit any of the felonies listed in this subsection, pursuant to Section 30-28-1 NMSA 1978.
F. As used in this section, "pattern of criminal street gang activity" means the commission of two or more of the felonies enumerated in Subsection E of this section; provided that the offenses occurred within three years of each other and were committed on separate occasions by two or more persons."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.
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