0001| HOUSE BILL 625
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| JOE NESTOR CHAVEZ
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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 ALCOHOLIC BEVERAGES; AMENDING THE LIQUOR CONTROL
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0012| ACT TO CHANGE THE PENALTIES FOR SELLING OR GIVING ALCOHOLIC
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0013| BEVERAGES TO MINORS AND FOR POSSESSION OF ALCOHOL BY A MINOR.
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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 60-7B-1 NMSA 1978 (being Laws 1993,
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0017| Chapter 68, Section 22) is amended to read:
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0018| "60-7B-1. SELLING OR GIVING ALCOHOLIC BEVERAGES TO
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0019| MINORS--POSSESSION.--
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0020| A. It is a violation of the Liquor Control Act for
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0021| any person, including a person licensed pursuant to the
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0022| provisions of the Liquor Control Act, or any employee, agent or
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0023| lessee of that person, if he knows or has reason to know that
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0024| he is violating the provisions of this section, to:
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0025| (1) sell, serve or give any alcoholic
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0001| beverages to a minor or permit a minor to consume alcoholic
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0002| beverages on the licensed premises;
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0003| (2) buy alcoholic beverages for or procure the
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0004| sale or service of alcoholic beverages to a minor;
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0005| (3) deliver alcoholic beverages to a minor; or
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0006| (4) aid or assist a minor to buy, procure or
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0007| be served with alcoholic beverages.
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0008| B. It is a violation of the Liquor Control Act for
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0009| any minor to buy, attempt to buy, receive, possess or permit
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0010| himself to be served with any alcoholic beverages.
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0011| C. In the event any person except a minor procures
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0012| any other person to sell, serve or deliver any alcoholic
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0013| beverages to a minor by actual or constructive
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0014| misrepresentation of any facts calculated to cause, or by a
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0015| concealment of any facts the concealment of which is calculated
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0016| to cause, the person selling, serving or delivering the
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0017| alcoholic beverages to the minor to believe that such minor is
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0018| legally entitled to be sold, served or delivered alcoholic
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0019| beverages and actually deceiving him by such misrepresentation
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0020| or concealment, then that person and not the person so deceived
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0021| by such misrepresentation or concealment shall have violated
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0022| the Liquor Control Act.
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0023| D. As used in the Liquor Control Act, "minor" means
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0024| any person under twenty-one years of age.
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0025| [E. Violation of this section by a minor with
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respect to possession is a petty misdemeanor. Upon conviction,
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the offender may be sentenced in accordance with Section 31-19-
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1 NMSA 1978. Any sentence imposed pursuant to this subsection
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may be suspended in the discretion of the court upon the
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condition that:
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(1) the minor accepts the suspension of his
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driver's license for a period not to exceed three months,
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whereupon the trial court may dismiss the possession of
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alcoholic beverage charge and it shall not be considered a
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conviction. In the event the minor's driver's license is to be
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suspended, the trial court shall inform the motor vehicle
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division of the taxation and revenue department of the action;
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provided, however, if the minor drives during the period of
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suspension, then the court may impose a fine, jail sentence or
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both, such fine and sentence not to exceed the maximums imposed
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for petty misdemeanors or may impose punishment pursuant to
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Paragraph (2) of this subsection; and
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(2) the minor assist in a community project
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designated by the court, up to fifty hours, whereupon the trial
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court may dismiss the possession of alcoholic beverage charge
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and it shall not be considered a conviction.]
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0022| E. A violation of Subsection A of this section is
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0023| a misdemeanor, and shall, in addition to the penalties
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0024| available under Section 60-6C-1 NMSA 1978, be punishable as
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0025| follows:
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0001| (1) for the first violation, by a fine of not
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0002| less than two hundred fifty dollars ($250) and not more than
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0003| seven hundred fifty dollars ($750) and by thirty hours of
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0004| community service, designated by the court, related to reducing
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0005| the incidence of driving under the influence of intoxicating
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0006| liquor;
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0007| (2) for the second violation, by a fine of not
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0008| less than five hundred dollars ($500) and not more than one
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0009| thousand dollars ($1,000) and by forty hours of community
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0010| service, designated by the court, related to reducing the
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0011| incidence of driving under the influence of intoxicating
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0012| liquor; and
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0013| (3) for each subsequent violation, by a fine
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0014| of not less than one thousand dollars ($1,000) and not more
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0015| than two thousand dollars ($2,000) and by sixty hours of
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0016| community service, designated by the court, related to reducing
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0017| the incidence of driving under the influence of intoxicating
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0018| liquor.
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0019| F. A violation of Subsection B of this section is a
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0020| misdemeanor and shall be punishable as follows:
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0021| (1) for the first violation, by a fine of not
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0022| less than two hundred fifty dollars ($250) and not more than
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0023| seven hundred fifty dollars ($750) and by thirty hours of
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0024| community service, designated by the court, related to reducing
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0025| the incidence of driving under the influence of intoxicating
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0001| liquor;
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0002| (2) for the second violation, by a fine of not
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0003| less than five hundred dollars ($500) and not more than one
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0004| thousand dollars ($1,000), by forty hours of community service,
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0005| designated by the court, related to reducing the incidence of
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0006| driving under the influence of intoxicating liquor and by:
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0007| (a) suspension of the minor's driver's
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0008| license for a period of ninety days; or
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0009| (b) if the minor is too young to possess
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0010| a driver's license, by adding ninety days to the date on which
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0011| the minor becomes eligible to obtain a driver's license; and
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0012| (3) for each subsequent offense, by a fine of
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0013| not less than seven hundred fifty dollars ($750) and not more
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0014| than one thousand five hundred dollars ($1,500), by fifty hours
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0015| of community service, designated by the court, related to
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0016| reducing the incidence of driving under the influence of
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0017| intoxicating liquor and by suspension of the minor's driver's
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0018| license for a period of two years or until the minor reaches
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0019| the age of twenty-one, whichever is greater.
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0020| G. A violation of Subsection C of this section is a
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0021| misdemeanor and shall be punishable as follows:
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0022| (1) for the first violation, by a fine of not
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0023| less than two hundred fifty dollars ($250) and not more than
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0024| seven hundred fifty dollars ($750) and by thirty hours of
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0025| community service, designated by the court, related to reducing
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0001| the incidence of driving under the influence of intoxicating
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0002| liquor;
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0003| (2) for the second violation, by a fine of not
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0004| less than five hundred dollars ($500) and not more than one
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0005| thousand dollars ($1,000) and by sixty hours of community
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0006| service, designated by the court, related to reducing the
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0007| incidence of driving under the influence of intoxicating
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0008| liquor; and
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0009| (3) for each subsequent offense, by a fine of
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0010| not less than one thousand dollars ($1,000) and not more than
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0011| two thousand dollars ($2,000), by one hundred hours of
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0012| community service, designated by the court, related to reducing
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0013| the incidence of driving under the influence of intoxicating
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0014| liquor and by imprisonment in the county jail for a definite
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0015| period of not less than two and not more than five days."
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0016| State of New Mexico
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0017| House of Representatives
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| February 20, 1997
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0024|
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0025|
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0001| Mr. Speaker:
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0002|
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0003| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0004| whom has been referred
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0005|
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0006| HOUSE BILL 625
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS, amended as follows:
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0010|
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0011| 1. On page 2, line 10, after "beverages" insert "or to
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0012| enter any licensed premise with the intent to commit the
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0013| foregoing acts".
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0014|
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0015| 2. On page 4, line 6, after "by" insert "a sixty-day
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0016| suspension of the New Mexico alcohol and gaming division server
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0017| certificate,".
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0018|
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0019| 3. On page 4, line 12, after "by" insert "a one-year
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0020| suspension of the New Mexico alcohol and gaming division server
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0021| certificate,".,
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0022|
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0023| and thence referred to the JUDICIARY COMMITTEE.
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Gary King, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 7 For 0 Against
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0016| Yes: 7
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0017| Excused: Heaton, Rios, Trujillo
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0018| Absent: None
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0019|
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0020|
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0625 State of New Mexico
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0023| House of Representatives
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0024|
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0025| FORTY-THIRD LEGISLATURE
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0001| FIRST SESSION, 1997
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0002|
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0003|
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0004| March 12, 1997
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0005|
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0006|
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0007| Mr. Speaker:
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0008|
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0009| Your JUDICIARY COMMITTEE, to whom has been referred
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0010|
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0011| HOUSE BILL 625, as amended
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS.
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0015|
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0016| Respectfully submitted,
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| Thomas P. Foy, Chairman
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0023|
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0024|
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0025| Adopted Not Adopted
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0001|
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004| Date
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0005|
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0006| The roll call vote was 9 For 0 Against
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0007| Yes: 9
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0008| Excused: Pederson, Rios, Sanchez, Stewart
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0009| Absent: None
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0010|
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0011|
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0012| G:\BILLTEXT\BILLW_97\H0625
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0013|
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0014| FORTY-THIRD LEGISLATURE HB 625/a
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 20, 1997
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0019|
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0020| Mr. President:
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0021|
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0022| Your JUDICIARY COMMITTEE, to whom has been referred
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0023|
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0024| HOUSE BILL 625, as amended
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0025|
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0001| has had it under consideration and reports same with
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0002| recommendation that it DO PASS, amended as follows:
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0003|
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0004| 1. Strike House Consumer and Public Affairs Committee
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0005| Amendment 1.
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0006|
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0007| 2. On page 1, line 23, after the comma insert "except the
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0008| parent or guardian or adult spouse of any minor, or adult person
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0009| into whose custody any court has committed the minor for the
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0010| time,".
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0011|
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0012| 3. On page 2, line 10, after "beverages" insert "or to
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0013| enter any licensed premise with the intent to commit the
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0014| foregoing acts, unless the minor is in the actual, visible,
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0015| personal presence of the minor's parent, guardian or adult spouse
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0016| or the adult person into whose custody any court has committed
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0017| the minor for the time".
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0018|
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0019|
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024|
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0025| __________________________________
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0001| Fernando R. Macias, Chairman
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0002|
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0003|
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0004|
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0005| Adopted_______________________ Not
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0006| Adopted_______________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009|
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0010| Date ________________________
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0011|
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0012|
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0013|
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0014|
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0015|
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0016|
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0017|
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0018| The roll call vote was 6 For 1 Against
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0019| Yes: 6
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0020| No: Sanchez
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0021| Excused: Tsosie
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0022| Absent: None
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0023|
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0024|
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0025| H0625JU1 .119279.1
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