0001|              SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR
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0002|                           SENATE BILL 242
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0003|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|                                   
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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|     
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0011|                                AN ACT
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0012|     RELATING TO CRIMES; DEFINING UNLAWFUL CARRYING OF A DEADLY
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0013|     WEAPON IN A STATE OR JUDICIAL BUILDING; PROVIDING A PENALTY; 
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0014|     ENACTING A NEW SECTION OF THE NMSA 1978.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  A new Section 30-7-2.4 NMSA 1978 is enacted to
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0018|     read:
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0019|          "30-7-2.4  [NEW MATERIAL]  UNLAWFUL CARRYING OF A DEADLY
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0020|     WEAPON IN A STATE OR JUDICIAL BUILDING.--
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0021|               A.  Unlawful carrying of a deadly weapon in a state
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0022|     or judicial building consists of carrying a deadly weapon in a
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0023|     state or judicial building by a person other than:
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0024|                    (1)  peace officers in the lawful discharge of
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0025|     their duties;
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0001|                    (2)  federal or tribal law enforcement
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0002|     personnel in the lawful discharge of their duties;
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0003|                    (3)  state or federal military personnel in the
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0004|     lawful discharge of their duties;
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0005|                    (4)  private security personnel hired by or
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0006|     under contract with the state or a local public body to provide
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0007|     armed security;
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0008|                    (5)  a person who possesses and transports
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0009|     weapons into a court of law, at the direction of the court or
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0010|     prosecuting attorney, for use as evidence;
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0011|                    (6)  a person who owns, resides in or is
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0012|     otherwise in legal possession of any portion of a state or
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0013|     judicial building not owned or leased by the state or a local
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0014|     public body or a client, customer or patron of that person;
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0015|     provided, that a client, customer or patron of that person
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0016|     shall not enter that portion of a state or judicial building
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0017|     that is owned or leased by the state or a local public body;
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0018|                    (7)  private uniformed security personnel under
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0019|     written contract to provide armed security for the protection
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0020|     of the property of a person who owns, resides in or is
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0021|     otherwise in legal possession of any portion of a state or
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0022|     judicial building not owned or leased by the state or a local
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0023|     public body; 
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0024|                    (8)  a person conducting or participating in a
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0025|     program, class or other activity sanctioned by the state or a
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0001|     local public body regarding lawful carrying of a deadly weapon;
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0002|     or
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0003|                    (9)  a person in a motor vehicle in a parking
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0004|     area within a state or judicial building, provided that the deadly
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0005|     weapon remains in the motor vehicle. 
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0006|               B.  As used in this section:
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0007|                    (1)  "state" means the state of New Mexico and
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0008|     any of its branches, agencies, departments, boards, commissions,
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0009|     instrumentalities and institutions, including higher education
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0010|     institutions; 
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0011|                    (2)  "local public body" means a county or
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0012|     municipality within the state of New Mexico, including any of its
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0013|     branches, agencies, departments, boards, commissions,
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0014|     instrumentalities and institutions; and
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0015|                    (3)  "state or judicial building" means a
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0016|     building or part of a building, in which:
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0017|                         (a)  state activities are regularly
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0018|     conducted under the supervision of state management personnel; or
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0019|                         (b)  judicial activities are regularly
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0020|     conducted, including courtrooms, judge's chambers, witness rooms,
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0021|     jury deliberation rooms, court clerk's offices and prisoner
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0022|     holding cells.
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0023|               C.  Whoever commits unlawful carrying of a deadly
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0024|     weapon in a state or judicial building is guilty of a fourth
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0025|     degree felony.
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0001|               D.  Written notice of the provisions of this section
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0002|     shall be posted conspicuously at each public entrance to a state
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0003|     or judicial building."
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0004|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0005|     provisions of this act is July 1, 1997.
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0006|                               
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