HOUSE BILL 456
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Rhonda S. King
AN ACT
RELATING TO CRIMINAL LAW; REQUIRING PERSONS CONVICTED OF MONEY LAUNDERING TO PAY COSTS OF INVESTIGATION AND PROSECUTION; PROVIDING FOR FORFEITURE OF ANY INTEREST, PROPERTY OR CONTRACTUAL RIGHT ACQUIRED OR MAINTAINED IN VIOLATION OF THE MONEY LAUNDERING ACT; INCLUDING ADDITIONAL CRIMES IN THE CRIMINAL OFFENSE OF RACKETEERING; INCREASING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-42-3 NMSA 1978 (being Laws 1980, Chapter 40, Section 3, as amended by Laws 2009, Chapter 253, Section 7 and by Laws 2009, Chapter 261, Section 7) is amended to read:
"30-42-3. DEFINITIONS.--As used in the Racketeering Act:
A. "racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses:
(1) murder, as provided in Section 30-2-1 NMSA 1978;
(2) robbery, as provided in Section 30-16-2 NMSA 1978;
(3) kidnapping, as provided in Section 30-4-1 NMSA 1978;
(4) forgery, as provided in Section 30-16-10 NMSA 1978;
(5) larceny, as provided in Section 30-16-1 NMSA 1978;
(6) fraud, as provided in Section 30-16-6 NMSA 1978;
(7) embezzlement, as provided in Section 30-16-8 NMSA 1978;
(8) receiving stolen property, as provided in Section 30-16-11 NMSA 1978;
(9) bribery, as provided in Sections 30-24-1 through 30-24-3.1 and 30-19-3 NMSA 1978;
(10) gambling, as provided in Sections 30-19-3 [30-19-13] and 30-19-15 NMSA 1978;
(11) illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978;
(12) extortion, as provided in Section 30-16-9 NMSA 1978;
(13) trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978;
(14) arson and aggravated arson, as provided in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA 1978;
(15) promoting prostitution, as provided in Section 30-9-4 NMSA 1978;
(16) criminal solicitation, as provided in Section 30-28-3 NMSA 1978;
(17) fraudulent securities practices, as provided in the New Mexico Uniform Securities Act [of 1986];
(18) loan sharking, as provided in Sections
30-43-1 through 30-43-5 NMSA 1978;
(19) distribution of controlled substances or controlled substance analogues, as provided in Sections
30-31-21 and 30-31-22 NMSA 1978;
(20) [a violation of the provisions of] money laundering, as provided in Section 30-51-4 NMSA 1978;
(21) unlawful taking of a vehicle or motor vehicle, as provided in Section 30-16D-1 NMSA 1978;
(22) embezzlement of a vehicle or motor vehicle, as provided in Section 30-16D-2 NMSA 1978;
(23) fraudulently obtaining a vehicle or motor vehicle, as provided in Section 30-16D-3 NMSA 1978;
(24) receiving or transferring stolen vehicles or motor vehicles, as provided in Section 30-16D-4 NMSA 1978; [and]
(25) altering or changing the serial number, engine number, decal or other numbers or marks of a vehicle or motor vehicle, as provided in Section 30-16D-6 NMSA 1978;
(26) accepting the earnings of a prostitute, as provided in Section 30-9-4.1 NMSA 1978;
(27) a violation of the Indian Arts and Crafts Sales Act, as provided in Section 30-33-9 NMSA 1978; and
(28) human trafficking, as provided in Section 30-52-1 NMSA 1978;
B. "person" means an individual or entity capable of holding a legal or beneficial interest in property;
C. "enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit entities; and
D. "pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering."
SECTION 2. Section 30-51-1 NMSA 1978 (being Laws 1998, Chapter 113, Section 1) is amended to read:
"30-51-1. SHORT TITLE.--[Sections 1 through 5 of this act] Chapter 30, Article 51 NMSA 1978 may be cited as the "Money Laundering Act"."
SECTION 3. Section 30-51-4 NMSA 1978 (being Laws 1998, Chapter 113, Section 4) is amended to read:
"30-51-4. PROHIBITED ACTIVITY--CRIMINAL PENALTIES--CIVIL PENALTIES--COSTS--FORFEITURE.--
A. It is unlawful for a person who knows that the property involved in a financial transaction is, or was represented to be, the proceeds of a specified unlawful activity to:
(1) conduct, structure, engage in or participate in a financial transaction that involves the property knowing that the financial transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership or control of the property or to avoid a transaction reporting requirement under state or federal law;
(2) conduct, structure, engage in or participate in a financial transaction that involves the property for the purpose of committing or furthering the commission of any other specified unlawful activity;
(3) transport the property with the intent to further a specified unlawful activity knowing that the transport is designed, in whole or in part, to conceal or disguise the nature, location, source, ownership or control of the monetary instrument or to avoid a transaction reporting requirement under state or federal law; or
(4) make the property available to another person by means of a financial transaction or by transporting the property when [he] the person knows that the property is intended for use by the other person to commit or further the commission of a specified unlawful activity.
B. A person who violates any provision of Subsection A of this section is guilty of a:
(1) second degree felony if the illegal financial transaction involves more than [one hundred thousand dollars ($100,000)] twenty thousand dollars ($20,000);
(2) third degree felony if the illegal financial transaction involves over [fifty thousand dollars ($50,000)] two thousand five hundred dollars ($2,500) but not more than [one hundred thousand dollars ($100,000)] twenty thousand dollars ($20,000);
(3) fourth degree felony if the illegal financial transaction involves over [ten thousand dollars ($10,000)] five hundred dollars ($500) but not more than [fifty thousand dollars ($50,000)] two thousand five hundred dollars ($2,500); or
(4) misdemeanor if the illegal financial transaction involves [ten thousand dollars ($10,000)] five hundred dollars ($500) or less.
C. In addition to any criminal penalty, a person who violates [any] a provision of Subsection A of this section is subject to a civil penalty of three times the value of the property involved in the transaction.
D. In addition to any criminal or civil penalty, a person who violates Subsection A of this section shall pay all costs and expenses incurred for the investigation and prosecution of the action to the general fund of the governing body of the investigating and prosecuting agencies.
E. Whoever violates Subsection A of this section shall forfeit to the state, pursuant to the provisions of the Forfeiture Act, the following:
(1) any interest acquired or maintained in violation of the Money Laundering Act; and
(2) any interest, security or claim in property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled or conducted or in which the person has participated in violation of the Money Laundering Act.
[D.] F. Nothing contained in the Money Laundering Act precludes civil or criminal remedies provided by the Racketeering Act or the Controlled Substances Act or by any other New Mexico law. Those remedies are in addition to and not in lieu of remedies provided in the Money Laundering Act."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.
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