SENATE BILL 648

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Timothy Z. Jennings

AN ACT

RELATING TO FORFEITURE OF PROPERTY; APPLYING THE FORFEITURE ACT TO THE SEIZURE, FORFEITURE AND DISPOSAL OF DEADLY WEAPONS USED NEGLIGENTLY.

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

     Section 1. Section 30-7-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 7-3, as amended) is amended to read:

     "30-7-4. NEGLIGENT USE OF A DEADLY WEAPON.--

          A. Negligent use of a deadly weapon consists of:

                (1) discharging a firearm into any building or vehicle or so as to knowingly endanger a person or [his] the person's property;

                (2) carrying a firearm while under the influence of an intoxicant or narcotic;

                (3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner; or

                (4) discharging a firearm within one hundred fifty yards of a dwelling or building, not including abandoned or vacated buildings on public lands during hunting seasons, without the permission of the owner or lessees thereof.

          B. The provisions of Paragraphs (1), (3) and (4) of Subsection A of this section shall not apply to a peace officer or other public employee who is required or authorized by law to carry or use a firearm in the course of [his] the officer's or employee's employment and who carries, handles, uses or discharges a firearm while lawfully engaged in carrying out the duties of [his] that office or employment.

          C. The exceptions from criminal liability provided for in Subsection B of this section shall not preclude or affect civil liability for the same conduct.

     Whoever commits negligent use of a deadly weapon is guilty of a petty misdemeanor.

          D. Any deadly weapon used negligently in violation of this section is subject to seizure and forfeiture, and the provisions of the Forfeiture Act apply to the seizure, forfeiture and disposal of such property."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.

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