HOUSE BILL 1294
48th legislature - STATE OF NEW MEXICO - first session, 2007
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO CRIMINAL LAW; INCREASING THE PENALTY FOR BRIBERY OF A PUBLIC OFFICER OR PUBLIC EMPLOYEE AND DEMANDING OR RECEIVING A BRIBE BY A PUBLIC OFFICER OR PUBLIC EMPLOYEE; INCREASING THE PENALTIES FOR SOLICITING OR RECEIVING AN ILLEGAL KICKBACK AND OFFERING OR PAYING AN ILLEGAL KICKBACK.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 30-24-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 24-1) is amended to read:
"30-24-1. BRIBERY OF A PUBLIC OFFICER OR PUBLIC EMPLOYEE.--
A. Bribery of a public officer or public employee consists of [any] a person giving or offering to give, directly or indirectly, anything of value to [any] a public officer or public employee, with intent to induce or influence [such] that public officer or public employee to:
[A.] (1) give or render [any] an official opinion, judgment or decree;
[B.] (2) be more favorable to one party than to the other in [any] a cause, action, suit, election, appointment, matter or thing pending or to be brought before [such] that person;
[C.] (3) procure [him] the person to vote or withhold [his] the person's vote on [any] a question, matter or proceeding [which] that is then or may thereafter be pending, and [which] that may by law come or be brought before [him] the person in [his] the person's public capacity;
[D.] (4) execute any of the powers [in him] vested in the person; or
[E.] (5) perform [any] a public duty otherwise than as required by law, or to delay in or omit to perform [any] a public duty required of [him] the person by law.
B. Whoever commits bribery of a public officer or public employee is guilty of a [third degree felony]:
(1) second degree felony if the value of the bribe is more than twenty thousand dollars ($20,000); or
(2) third degree felony if the value of the bribe does not exceed twenty thousand dollars ($20,000)."
Section 2. Section 30-24-2 NMSA 1978 (being Laws 1963, Chapter 303, Section 24-2) is amended to read:
"30-24-2. DEMANDING OR RECEIVING A BRIBE BY A PUBLIC OFFICER OR PUBLIC EMPLOYEE.--
A. Demanding or receiving a bribe by a public officer or public employee consists of [any] a public officer or public employee soliciting or accepting, directly or indirectly, anything of value, with intent to have [his] the officer's or employee's decision or action on [any] a question, matter, cause, proceeding or appointment influenced [thereby] by it, and [which] that by law is pending or might be brought before [him] the officer or employee in [his] the officer's or employee's official capacity.
B. Whoever commits demanding or receiving a bribe by a public officer or public employee is guilty of a [third degree felony, and]:
(1) second degree felony if the value of the bribe is more than twenty thousand dollars ($20,000); or
(2) third degree felony if the value of the bribe does not exceed twenty thousand dollars ($20,000).
C. Upon conviction, [thereof such] that public officer or public employee shall forfeit the office then held by [him] the officer or employee."
Section 3. Section 30-41-1 NMSA 1978 (being Laws 1979, Chapter 384, Section 1) is amended to read:
"30-41-1. SOLICITING OR RECEIVING AN ILLEGAL KICKBACK.--[Whoever]
A. Soliciting or receiving an illegal kickback consists of a person knowingly [solicits] soliciting or [receives] receiving any remuneration in the form of any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind from [a] another person:
[A.] (1) in return for referring an individual to that person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part with public money; or
[B.] (2) in return for purchasing, leasing, ordering or arranging for or recommending purchasing, leasing or ordering any goods, facilities, services or items for which payment may be made in whole or in part with public money [shall be guilty of a fourth degree felony].
B. Whoever commits soliciting or receiving an illegal kickback is guilty of a:
(1) second degree felony if the value of the kickback, bribe or rebate is more than twenty thousand dollars ($20,000); or
(2) third degree felony if the value of the kickback, bribe or rebate does not exceed twenty thousand dollars ($20,000)."
Section 4. Section 30-41-2 NMSA 1978 (being Laws 1979, Chapter 384, Section 2) is amended to read:
"30-41-2. OFFERING OR PAYING AN ILLEGAL KICKBACK.--[Whoever]
A. Offering or paying an illegal kickback consists of a person knowingly [offers] offering or [pays] paying any remuneration in the form of any kickback, bribe or rebate, directly or indirectly, overtly or covertly, in cash or in kind to [any] another person to induce [such] the person:
[A.] (1) to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part with public money; or
[B.] (2) to purchase, lease, order or arrange for or recommend purchasing, leasing or ordering any goods, facilities, services or items for which payment may be made in whole or in part with public money [shall be guilty of a fourth degree felony].
B. Whoever commits offering or paying an illegal kickback is guilty of a:
(1) second degree felony if the value of the kickback, bribe or rebate is more than twenty thousand dollars ($20,000); or
(2) third degree felony if the value of the kickback, bribe or rebate does not exceed twenty thousand dollars ($20,000)."
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2007.