HOUSE BILL 653

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

INTRODUCED BY

Jeff Steinborn

AN ACT

RELATING TO TERRORISM; PROHIBITING ACTS OF TERRORISM AND THE USE OF WEAPONS OF MASS DESTRUCTION; PROVIDING AND INCREASING PENALTIES.

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

     Section 1. Section 30-20A-1 NMSA 1978 (being Laws 1990, Chapter 66, Section 1) is amended to read:

     "30-20A-1. SHORT TITLE.--[This act] Chapter 30, Article 20A NMSA 1978 may be cited as the "Antiterrorism Act"."

     Section 2. Section 30-20A-2 NMSA 1978 (being Laws 1990, Chapter 66, Section 2) is amended to read:

     "30-20A-2. DEFINITIONS.--As used in the Antiterrorism Act:

          A. "act of terrorism" means an act of violence or threat of violence that is or may reasonably be expected to be dangerous to human life or to cause property damage in excess of twenty thousand dollars ($20,000) and that is intended to intimidate or coerce a civilian population or influence the policy or conduct of a unit of government;

          [A.] B. "civil disorder" means [any] a planned act of violence by an assemblage of two or more persons with the intent to cause damage or injury to another individual or [his] the individual's property;

          [B.] C. "destructive device" means:

                (1) [any] an explosive, incendiary or poison gas:

                     (a) bomb;

                     (b) grenade;

                     (c) rocket having a propellant charge of more than four ounces;

                     (d) missile having an explosive or incendiary charge of more than [one-quarter] one-fourth ounce;

                     (e) mine; or

                     (f) similar device;

                (2) [any] a type of weapon that can expel or may be readily converted to expel a projectile by the action of an explosive or other propellant, the barrel or barrels of which have a bore of more than six-tenths inch in diameter, except a shotgun, shotgun shell or muzzle loading firearm that is generally recognized as particularly suitable for sporting purposes; [or]

                (3) a radiological, nuclear, chemical or biological agent, including a virus, bacteria or other germ, capable of causing illness or death in people, animals or plants; or

                [(3) any] (4) a part or combination of parts either designed or intended for use in converting or assembling any device described in Paragraphs (1) and (2) of this subsection.

     The term "destructive device" [shall] does not include [any] a device that is neither designed nor redesigned nor readily convertible for use as a weapon;

          [C.] D. "firearm" means [any] a weapon that can expel or is designed to or may readily be converted to expel a projectile by the action of an explosion, the frame or receiver of any such weapon, [any] a firearm muffler or firearm silencer. "Firearm" includes [any] a handgun, rifle or shotgun; [and

          D.] E. "law enforcement officer" means [any] an employee of a police, [or] public safety department or agency charged with prevention or response to an act of terrorism administered by the state or [any] a political subdivision of the state where the employee is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of this state. "Law enforcement officer" includes [any] a member of the New Mexico national guard; [any] a peace officer of the United States, [any] a state, [any] a political subdivision of a state or the district of Columbia; [any] a member of the New Mexico mounted patrol or the national guard, as defined in 10 U.S.C. Sec. 101(9); [any] a member of the organized militia of [any] a state or territory of the United States, the commonwealth of Puerto Rico or the district of Columbia not included within the definition of national guard; and [any] a member of the armed forces of the United States. "Law enforcement officer" also means [any] a person or entity acting as a contractor for any other law enforcement officer, police or public safety department described in this section; and

          F. "weapon of mass destruction" means any device capable of releasing a radioactive, biological, toxic or chemical agent in any form or by any means that will or may reasonably be expected to produce death, bodily harm or illness in a civilian population or to destroy an agricultural crop, livestock or a food supply."

     Section 3. Section 30-20A-3 NMSA 1978 (being Laws 1990, Chapter 66, Section 3) is amended to read:

     "30-20A-3. UNLAWFUL ACTS--PENALTY.--

          A. [Any] A person who teaches or demonstrates the use, application or making of [any] a knife, box cutter or similar device, a firearm, destructive device, weapon of mass destruction or technique capable of causing injury or death to any person with the intent that the knowledge or skill taught, demonstrated or gained be [unlawfully] used in furtherance of a civil disorder, act of terrorism or the use or threatened use of a weapon of mass destruction is guilty of a [fourth] third degree felony [and shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment for a definite term of eighteen months or, in the discretion of the sentencing court, to a fine of not more than five thousand dollars ($5,000) or both].

          B. [Any] A person who trains, practices or receives instruction in the use of [any] a knife, box cutter or similar device, a firearm, destructive device, weapon of mass destruction or technique capable of causing injury or death to any person with the intent that the knowledge or skill taught, demonstrated or gained be [unlawfully] used in furtherance of a civil disorder, act of terrorism or the use or threatened use of a weapon of mass destruction is guilty of a [fourth] third degree felony [and shall be sentenced under the provisions of the Criminal Sentencing Act to imprisonment for a definite term of eighteen months or, in the discretion of the sentencing court, to a fine of not more than five thousand dollars ($5,000) or both].

          C. Whoever commits an act of terrorism or uses a weapon of mass destruction is guilty of a first degree felony.

          D. Prosecution pursuant to this section does not prevent prosecution pursuant to another provision of law if the conduct also constitutes a violation of that provision of law."

     Section 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.

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