FIFTY-SIXTH LEGISLATURE

SECOND SESSION, 2024

 

February 12, 2024

 

 

 

Mr. Speaker:

 

    Your JUDICIARY COMMITTEE, to whom has been referred

 

SENATE JUDICIARY COMMITTEE SUBSTITUTE FOR

SENATE BILL 6, as amended

 

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

 

1. Strike all items of Senate Floor Amendment number 1.

 

     2. On page 1, line 25, strike "AND" and insert in lieu thereof a comma and after "PRISONS", insert "AND JUVENILE DETENTION FACILITIES".

 

     3. On pages 2 through 4, strike Section 1.

 

     4. On page 26, line 4, after "license", insert "in accordance with the Uniform Licensing Act".

 

     5. On page 41, lines 10 and 11, strike "for which" and insert in lieu thereof "that".

 

     6. On page 44, line 5, strike "concentrate" and insert in lieu thererof "cannabis extract".

 

     7. On page 47, line 22, after the dash, strike the remainder of the line, strike lines 23 and 24, strike line 25 through the period and insert in lieu thereof:

 

     "Records of the division are public records subject to the Inspection of Public Records Act, except as provided in this section and other applicable provisions of law; provided that the presence of nonpublic information that identifies confidential sources or confidential information may be redacted from a written record or digitally obscured in a visual or audio record. A source who communicates information is confidential if the identity of the source is disclosed in the context of reporting an alleged violation of the Cannabis Regulation Act to the division. Information is confidential if it is developed or obtained by the division during an enforcement investigation or inspection related to violations of the Cannabis Regulation Act. Sources and information cease to be confidential upon the issuance of a notice of contemplated action by the division. If a notice of contemplated action is not issued within thirty days of the disclosure of the identity of the source in the context of reporting an alleged violation of the Cannabis Regulation Act to the division, the source shall not be confidential. If a notice of contemplated action is not issued within thirty days of the initiation of an enforcement investigation or inspection related to violations of the Cannabis Regulation Act, the information developed or obtained by the division during the enforcement investigation or inspection shall not be confidential.".

 

     8. On page 50, between lines 5 and 6, insert:

 

     "SECTION 16. Section 30-22-14.1 NMSA 1978 (being Laws 1997, Chapter 44, Section 1) is amended to read:

 

     "30-22-14.1. BRINGING CONTRABAND INTO A JUVENILE DETENTION FACILITY OR JUVENILE CORRECTIONAL FACILITY--PENALTY.--

 

          A. Bringing contraband into a juvenile detention facility or juvenile correctional facility consists of carrying, transporting or depositing contraband onto the grounds of [any] a facility designated by the children, youth and families department for the detention or commitment of children. Whoever commits bringing contraband into a juvenile correctional facility is guilty of a third degree felony. Whoever commits bringing contraband into a juvenile detention facility is guilty of a fourth degree felony.

 

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

 

                (1) any deadly weapon, as defined in Section 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] the officer's duties;

 

                (2) currency brought onto the grounds of a juvenile detention facility or juvenile correctional facility and not declared upon entry to the facility for the purpose of transfer to a child detained in or committed to the facility, but does not include currency carried into areas designated by the facility administrator as areas for the deposit and receipt of currency for credit to a child's account before contact is made with any child;

 

                (3) any alcoholic beverage brought within the physical confines of the juvenile detention or juvenile correctional facility; or

 

                (4) any controlled substance, as defined in the Controlled Substances Act, or cannabis as defined in the Cannabis Regulation Act, but does not include a controlled substance or medical cannabis carried into a juvenile detention facility or juvenile correctional facility through regular facility channels and pursuant to the direction or prescription of a [regularly] licensed physician."".

 

     8. On page 32, line 13, strike "scan" and insert in lieu thereof "data".

 

     9. On page 32, line 15, strike "scan" and insert in lieu thereof "data".

 

     10. On pages 34 through 37, strike Section 8 in its entirety.

 

     11. Renumber the succeeding sections accordingly.

 

     12. On page 22, lines 24 and 25, and page 23, lines 1 through

3, remove the brackets and line-through.

 

     13. Reletter subsections to correspond to this amendment.

 

 

 

                             

                             Respectfully submitted,

 

 

 

                                                                 

Christine Chandler, Chair

 

 

Adopted     Not Adopted

           (Chief Clerk)                            (Chief Clerk)

 

Date

 

 

The roll call vote was 10 For 0 Against

Yes:      10

No:       0

Excused:  Lane

Absent:   None

 

.228346.2

.228352.1

.228371.1

.228390.1

 

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