SENATE BILL 40

51st legislature - STATE OF NEW MEXICO - first session, 2013

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO CORRECTIONS; PROVIDING THAT ELECTRONIC COMMUNICATION DEVICES ARE CONTRABAND AND PROHIBITED IN JAILS AND PRISONS; PROVIDING EXCEPTIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 30-22-14 NMSA 1978 (being Laws 1976, Chapter 15, Section 1) is amended to read:

     "30-22-14. BRINGING CONTRABAND INTO PLACES OF IMPRISONMENT--PENALTIES--DEFINITIONS.--

          A. Bringing contraband into a prison consists of carrying, transporting or depositing contraband onto the grounds of the penitentiary of New Mexico or any other institution designated by the corrections [commisssion] department for the confinement of adult prisoners. Whoever commits bringing contraband into a prison is guilty of a third degree felony.

          B. Bringing contraband into a jail consists of carrying contraband into the confines of a county or municipal jail. Whoever commits bringing contraband into a jail is guilty of a fourth degree felony.

          C. As used in this section, "contraband" means:

                (1) [any] a deadly weapon, as defined in Section [40A-1-13 NMSA 1953] 30-1-12 NMSA 1978, or an essential component part thereof, including ammunition, explosive devices and explosive materials, but does not include a weapon carried by a peace officer in the lawful discharge of [his] duties;

                (2) currency brought onto the grounds of the institution for the purpose of transfer to a prisoner, but does not include currency carried into areas designated by the warden as areas for the deposit and receipt of currency for credit to a prisoner's account before contact is made with [any] the prisoner;

                (3) [any] an alcoholic beverage; [or]

                (4) [any] a controlled substance, as defined in the Controlled Substances Act, but does not include a controlled substance carried into a prison through regular prison channels and pursuant to the direction or prescription of a regularly licensed physician; or

                (5) an electronic communication or recording device.

          D. As used in this section, "electronic communication or recording device" means any type of instrument, device, machine or equipment that is designed to transmit or receive telephonic, electronic, digital, cellular, satellite or radio signals or communications or that is designed to have sound or image recording abilities or any part or component of such instrument, device, machine or equipment. "Electronic communication or recording device" does not include a device that is or will be used by prison or jail personnel in the regular course of business or that is otherwise authorized by the warden."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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