HOUSE BILL 333

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Miguel P. Garcia

AN ACT

RELATING TO THE DESECRATION OF ROADSIDE MEMORIALS; ESTABLISHING PENALTIES.

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

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] DESECRATION OF ROADSIDE MEMORIALS--PENALTY.--

          A. A person shall not knowingly or willfully deface or destroy, in whole or in part, a descanso, also known as a memorial, placed alongside a public road right of way to memorialize a motor vehicle accident that resulted in the death of one or more persons.

          B. A person who violates the provisions of Subsection A of this section is:

                (1) for a first offense, guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; and

                (2) for a second and subsequent offense, guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. The provisions of this section shall not apply to law enforcement officials or other employees of the state or a political subdivision of the state who in the course of the lawful discharge of their duties move or remove a descanso that obstructs or damages any public road in this state."

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