0001| SENATE BILL 537 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| RAYMOND L. KYSAR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO CRIMINAL LAW; ENACTING THE STREET GANG ENFORCEMENT | 0012| AND PREVENTION ACT; PROVIDING CRIMINAL PENALTIES FOR INDUCING | 0013| MINORS TO PARTICIPATE IN A PATTERN OF CRIMINAL GANG ACTIVITY; | 0014| PROVIDING CRIMINAL PENALTIES FOR PARTICIPATING IN A PATTERN OF | 0015| CRIMINAL GANG ACTIVITY. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. A new section of the Criminal Code is enacted | 0019| to read: | 0020| "[NEW MATERIAL] SHORT TITLE.--This act may be cited as | 0021| the | 0022| "Street Gang Enforcement and Prevention Act"." | 0023| Section 2. A new section of the Criminal Code is enacted | 0024| to read: | 0025| "[NEW MATERIAL] FINDINGS AND PURPOSE.-- | 0001| A. The legislature finds and declares that it is | 0002| the right of every person to be secure and protected from | 0003| intimidation and physical harm caused by the criminal | 0004| activities of violent groups and individuals. The legislature | 0005| also finds that the citizens of New Mexico are concerned about | 0006| the increase in criminal activity that can be attributed to | 0007| criminal street gangs. This criminal activity presents a clear | 0008| and present danger to public safety and is not the type of | 0009| activity that is protected by the constitution of the United | 0010| States or the constitution of New Mexico. | 0011| B. The purpose of the Street Gang Enforcement and | 0012| Prevention Act is not to interfere with constitutionally | 0013| protected rights of freedom of speech and freedom of | 0014| association. Rather, the purpose of the Street Gang | 0015| Enforcement and Prevention is to deter and punish criminal | 0016| activity engaged in by criminal street gangs." | 0017| Section 3. A new section of the Criminal Code is enacted | 0018| to read: | 0019| "[NEW MATERIAL] DEFINITIONS.--As used in the Street | 0020| Gang Enforcement and Prevention Act: | 0021| A. "criminal street gang" means an organization, | 0022| association or group of three or more persons: | 0023| (1) that has a common name or a common | 0024| identifying sign or symbol; and | 0025| (2) whose members engage in a pattern of | 0001| criminal gang activity; and | 0002| B. "pattern of criminal gang activity" means the | 0003| commission of two or more of the following criminal offenses; | 0004| provided, that at least one of the offenses occurs within three | 0005| years of a prior offense; and provided further, that the | 0006| criminal offenses are committed by two or more members of the | 0007| same criminal street gang: | 0008| (1) murder, as provided in Section 30-2-1 NMSA | 0009| 1978; | 0010| (2) assault with intent to commit a violent | 0011| felony, as provided in Section 30-3-3 NMSA 1978; | 0012| (3) kidnapping, as provided in Section 30-4-1 | 0013| NMSA 1978; | 0014| (4) aggravated battery, as provided in | 0015| Subsection C of Section 30-3-5 NMSA 1978; | 0016| (5) aggravated battery upon a peace officer, | 0017| as provided in Subsection C of Section 30-22-25 NMSA 1978; | 0018| (6) shooting at a dwelling or occupied | 0019| building or shooting at or from a motor vehicle, as provided in | 0020| Section 30-3-8 NMSA 1978; | 0021| (7) dangerous use of explosives, as provided | 0022| in Section 30-7-5 NMSA 1978; | 0023| (8) criminal sexual penetration, as provided | 0024| in Section 30-9-11 NMSA 1978; | 0025| (9) robbery, as provided in Section 30-16-2 | 0001| NMSA 1978; | 0002| (10) aggravated burglary, as provided in | 0003| Section 30-16-4 NMSA 1978; | 0004| (11) aggravated arson, as provided in Section | 0005| 30-17-6 NMSA 1978; | 0006| (12) attempt to commit one of the felonies set | 0007| forth in Paragraphs (1) through (11) of this subsection, as | 0008| provided in Section 30-28-1 NMSA 1978; | 0009| (13) conspiracy to commit one of the felonies | 0010| set forth in Paragraphs (1) through (11) of this subsection, as | 0011| provided in Section 30-28-2 NMSA 1978; or | 0012| (14) criminal solicitation of another person | 0013| to commit one of the felonies set forth in Paragraphs (1) | 0014| through (11) of this subsection, as provided in Section 30-28-3 | 0015| NMSA 1978." | 0016| Section 4. A new section of the Criminal Code is enacted | 0017| to read: | 0018| "[NEW MATERIAL] INDUCEMENT OF MINORS TO PARTICIPATE IN | 0019| A PATTERN OF CRIMINAL GANG ACTIVITY--PENALTY.--A person who | 0020| uses threats, intimidation or persuasion to induce another | 0021| person less than eighteen years of age to participate in a | 0022| pattern of criminal gang activity is guilty of a third degree | 0023| felony." | 0024| Section 5. A new section of the Criminal Code is enacted | 0025| to read: | 0001| "[NEW MATERIAL] PARTICIPATION IN A CRIMINAL STREET | 0002| GANG--ALTERATION OF BASIC SENTENCE--SUSPENSION AND DEFERRAL | 0003| LIMITED.-- | 0004| A. When a separate finding of fact by the court or | 0005| jury shows that a noncapital felony was committed in | 0006| association with a criminal street gang with the specific | 0007| intent to assist the criminal street gang with a pattern of | 0008| criminal gang activity, the basic sentence of imprisonment | 0009| prescribed for the offense in Section 31-18-15 NMSA 1978 shall | 0010| be increased by two years. The sentence imposed pursuant to | 0011| this subsection shall be the first two years served and shall | 0012| not be suspended or deferred. | 0013| B. For a second or subsequent noncapital felony | 0014| committed in association with a criminal street gang with the | 0015| specific intent to assist the criminal street gang with a | 0016| pattern of criminal gang activity, the basic sentence of | 0017| imprisonment prescribed for the offense in Section 31-18-15 | 0018| NMSA 1978 shall be increased by four years. The sentence | 0019| imposed pursuant to this subsection shall be the first four | 0020| years served and shall not be suspended or deferred. | 0021| C. If the case is tried before a jury and if a | 0022| prima facie case is established showing that the offense was | 0023| committed in association with a criminal street gang with the | 0024| specific intent to assist the criminal street gang with a | 0025| pattern of criminal gang activity, the court shall submit the | 0001| issue to the jury by special interrogatory. | 0002| D. If the case is tried by the court and if a prima | 0003| facie case is established showing that the offense was | 0004| committed in association with a criminal street gang with the | 0005| specific intent to assist the criminal street gang with a | 0006| pattern of criminal gang activity, the court shall decide the | 0007| issue and shall make a separate finding of fact thereon." | 0008| Section 6. EFFECTIVE DATE.--The effective date of the | 0009| provisions of this act is July 1, 1997. | 0010| | 0011| | 0012| FORTY-THIRD LEGISLATURE | 0013| FIRST SESSION, 1997 | 0014| | 0015| | 0016| March 15, 1997 | 0017| | 0018| Mr. President: | 0019| | 0020| Your JUDICIARY COMMITTEE, to whom has been referred | 0021| | 0022| SENATE BILL 537 | 0023| | 0024| has had it under consideration and reports same with | 0025| recommendation that it DO NOT PASS, but that | 0001| | 0002| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0003| SENATE BILL 537 | 0004| | 0005| DO PASS, and thence referred to the FINANCE COMMITTEE. | 0006| | 0007| Respectfully submitted, | 0008| | 0009| | 0010| | 0011| __________________________________ | 0012| Fernando R. Macias, Chairman | 0013| | 0014| | 0015| Adopted_______________________ Not Adopted_______________________ | 0016| (Chief Clerk) (Chief Clerk) | 0017| | 0018| Date ________________________ | 0019| | 0020| | 0021| The roll call vote was 5 For 2 Against | 0022| Yes: 5 | 0023| No: Lopez, Payne | 0024| Excused: Sanchez | 0025| Absent: None | 0001| | 0002| S0537JU1 SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0003| SENATE BILL 537 | 0004| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| AN ACT | 0013| RELATING TO CRIMINAL LAW; ENACTING THE GANG ENFORCEMENT AND | 0014| PREVENTION ACT; PROVIDING CRIMINAL PENALTIES FOR INDUCING | 0015| MINORS TO PARTICIPATE IN A PATTERN OF CRIMINAL GANG ACTIVITY; | 0016| PROVIDING CRIMINAL PENALTIES FOR PARTICIPATING IN A PATTERN OF | 0017| CRIMINAL GANG ACTIVITY. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. A new section of the Criminal Code is enacted | 0021| to read: | 0022| "[NEW MATERIAL] SHORT TITLE.--This act may be cited as | 0023| the | 0024| "Gang Enforcement and Prevention Act"." | 0025| Section 2. A new section of the Criminal Code is enacted | 0001| to read: | 0002| "[NEW MATERIAL] FINDINGS AND PURPOSE.-- | 0003| A. The legislature finds and declares that it is the | 0004| right of every person to be secure and protected from | 0005| intimidation and physical harm caused by the criminal | 0006| activities of violent groups and individuals. The legislature | 0007| also finds that the citizens of New Mexico are concerned about | 0008| the increase in criminal activity that can be attributed to | 0009| criminal gangs. This criminal activity presents a clear and | 0010| present danger to public safety and is not the type of activity | 0011| that is protected by the constitution of the United States or | 0012| the constitution of New Mexico. | 0013| B. The purpose of the Gang Enforcement and Prevention | 0014| Act is not to interfere with constitutionally protected rights | 0015| of freedom of speech and freedom of association. Rather, the | 0016| purpose of the Gang Enforcement and Prevention is to deter and | 0017| punish criminal activity engaged in by criminal gangs." | 0018| Section 3. A new section of the Criminal Code is enacted | 0019| to read: | 0020| "[NEW MATERIAL] DEFINITIONS.--As used in the Gang | 0021| Enforcement and Prevention Act: | 0022| A. "criminal gang" means an organization, association | 0023| or group of three or more persons: | 0024| (1) that has a common name or a common | 0025| identifying sign or symbol; and | 0001| (2) whose members engage in a pattern of criminal | 0002| gang activity; and | 0003| B. "pattern of criminal gang activity" means convictions | 0004| for the commission of two or more of the following criminal | 0005| offenses; provided, that at least one of the convictions occurs | 0006| within three years of a prior conviction; and provided further, | 0007| that the convictions are obtained against two or more members of | 0008| the same criminal gang: | 0009| (1) murder in the first degree, as provided in | 0010| Subsection A of Section 30-2-1 NMSA 1978; | 0011| (2) murder in the second degree, as provided in | 0012| Subsection B of Section 30-2-1 NMSA 1978; | 0013| (3) kidnapping, as provided in Section 30-4-1 NMSA | 0014| 1978; | 0015| (4) shooting at a dwelling or occupied building or | 0016| shooting at or from a motor vehicle, as provided in Section 30-3-8 | 0017| NMSA 1978; | 0018| (5) dangerous use of explosives, as provided in | 0019| Section 30-7-5 NMSA 1978; | 0020| (6) criminal sexual penetration, as provided in | 0021| Section 30-9-11 NMSA 1978; | 0022| (7) robbery, as provided in Section 30-16-2 NMSA | 0023| 1978; | 0024| (8) larceny, as provided in Section 30-16-1 NMSA | 0025| 1978, when the value of the property stolen is more than two | 0001| hundred fifty dollars ($250); | 0002| (9) aggravated burglary, as provided in Section 30- | 0003| 16-4 NMSA 1978; | 0004| (10) aggravated arson, as provided in Section | 0005| 30-17-6 NMSA 1978; | 0006| (11) any felony violation of the Controlled | 0007| Substances Act; | 0008| (12) voluntary manslaughter, as provided in | 0009| Subsection A of Section 30-2-3 NMSA 1978; | 0010| (13) graffiti to real or personal property, as | 0011| provided in Subsection C of Section 30-15-1.1 NMSA 1978; | 0012| (14) criminal damage to property, as provided in | 0013| Section 30-15-1 NMSA 1978, when the damage to the property amounts | 0014| to more than one thousand dollars ($1,000); | 0015| (15) bribery or intimidation of a witness or | 0016| retaliation against a witness, as provided in Section 30-24-3 NMSA | 0017| 1978; | 0018| (16) aggravated battery, as provided in Subsection | 0019| C of Section 30-3-5 NMSA 1978; | 0020| (17) aggravated battery upon a peace officer, as | 0021| provided in Subsection C of Section 30-22-25 NMSA 1978; | 0022| (18) assault with intent to commit a violent | 0023| felony, as provided in Section 30-3-3 NMSA 1978; | 0024| (19) aggravated assault, as provided in Section 30- | 0025| 3-2 NMSA 1978; | 0001| (20) aggravated assault upon a peace officer, as | 0002| provided in Section 30-22-22 NMSA 1978; | 0003| (21) attempt to commit one of the first, second or | 0004| third degree felonies set forth in Paragraphs (1) through (11) of | 0005| this subsection, as provided in Section 30-28-1 NMSA 1978; | 0006| (22) conspiracy to commit one of the felonies set | 0007| forth in Paragraphs (1) through (20) of this subsection, as | 0008| provided in Section 30-28-2 NMSA 1978; or | 0009| (23) criminal solicitation of another person to | 0010| commit one of the felonies set forth in Paragraphs (1) through | 0011| (20) of this subsection, as provided in Section 30-28-3 NMSA | 0012| 1978." | 0013| Section 4. A new section of the Criminal Code is enacted to | 0014| read: | 0015| "[NEW MATERIAL] INDUCEMENT OF MINORS TO PARTICIPATE IN A | 0016| PATTERN OF CRIMINAL GANG ACTIVITY--PENALTY.--A person who uses | 0017| threats, intimidation or persuasion to induce another person less | 0018| than eighteen years of age to participate in a pattern of criminal | 0019| gang activity is guilty of a third degree felony." | 0020| Section 5. A new section of the Criminal Code is enacted to | 0021| read: | 0022| "[NEW MATERIAL] PARTICIPATION IN A CRIMINAL GANG-- | 0023| ALTERATION OF BASIC SENTENCE--SUSPENSION AND DEFERRAL LIMITED.-- | 0024| A. When a felony, as described in Paragraphs (2) through | 0025| (23) of Subsection B of Section 3 of the Gang Enforcement and | 0001| Prevention Act, is committed with the intent to aid and abet a | 0002| criminal gang with a pattern of criminal gang activity, the basic | 0003| sentence of imprisonment prescribed for the offense in Section | 0004| 31-18-15 NMSA 1978 shall be increased by two years. The sentence | 0005| imposed pursuant to this subsection shall be the first two years | 0006| served and shall not be suspended or deferred. | 0007| B. When a second or subsequent felony, as described in | 0008| Paragraphs (2) through (23) of Subsection B of Section 3 of the | 0009| Gang Enforcement and Prevention Act, is committed with the intent | 0010| to aid and abet a criminal gang with a pattern of criminal gang | 0011| activity, the basic sentence of imprisonment prescribed for the | 0012| offense in Section 31-18-15 NMSA 1978 shall be increased by four | 0013| years. The sentence imposed pursuant to this subsection shall be | 0014| the first four years served and shall not be suspended or | 0015| deferred. | 0016| C. If the case is tried before a jury and if a prima | 0017| facie case is established showing that the felony was committed | 0018| with the intent to aid and abet a criminal gang with a pattern of | 0019| criminal gang activity, the court shall submit the issue to the | 0020| jury by special interrogatory. | 0021| D. If the case is tried by the court and if a prima | 0022| facie case is established showing that the felony was committed | 0023| with the intent to aid and abet a criminal gang with a pattern of | 0024| criminal gang activity, the court shall decide the issue and shall | 0025| make a separate finding of fact thereon." | 0001| Section 6. EFFECTIVE DATE.--The effective date of the | 0002| provisions of this act is July 1, 1997. | 0003| | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| | 0009| March 18, 1997 | 0010| | 0011| Mr. President: | 0012| | 0013| Your FINANCE COMMITTEE, to whom has been referred | 0014| | 0015| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0016| SENATE BILL 537 | 0017| | 0018| has had it under consideration and reports same with recommendation | 0019| that it DO PASS. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| __________________________________ | 0001| Ben D. Altamirano, Chairman | 0002| | 0003| | 0004| | 0005| | 0006| Adopted_______________________ Not Adopted_______________________ | 0007| (Chief Clerk) (Chief Clerk) | 0008| | 0009| | 0010| | 0011| Date ________________________ | 0012| | 0013| | 0014| The roll call vote was 6 For 0 Against | 0015| Yes: 6 | 0016| No: None | 0017| Excused: Aragon, Carraro, Eisenstadt, Ingle, McKibben | 0018| Absent: None | 0019| | 0020| | 0021| S0537FC1 | 0022| | 0023| | 0024| FORTY-THIRD LEGISLATURE | 0025| FIRST SESSION, 1997 | 0001| | 0002| | 0003| March 18, 1997 | 0004| | 0005| Mr. President: | 0006| | 0007| Your FINANCE COMMITTEE, to whom has been referred | 0008| | 0009| SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR | 0010| SENATE BILL 537 | 0011| | 0012| has had it under consideration and reports same with recommendation | 0013| that it DO PASS. | 0014| | 0015| Respectfully submitted, | 0016| | 0017| | 0018| | 0019| __________________________________ | 0020| Ben D. Altamirano, Chairman | 0021| | 0022| | 0023| | 0024| | 0025| Adopted_______________________ Not Adopted_______________________ | 0001| (Chief Clerk) (Chief Clerk) | 0002| | 0003| | 0004| | 0005| Date ________________________ | 0006| | 0007| | 0008| The roll call vote was 6 For 0 Against | 0009| Yes: 6 | 0010| No: None | 0011| Excused: Aragon, Carraro, Eisenstadt, Ingle, McKibben | 0012| Absent: None | 0013| | 0014| | 0015| S0537FC1 |