HOUSE BILL 816

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Dona G. Irwin

AN ACT

RELATING TO LAW ENFORCEMENT; AMENDING THE ANTITERRORISM ACT TO INCLUDE THE NEW MEXICO RANGERS IN THE DEFINITION OF "LAW ENFORCEMENT OFFICER".

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

     Section 1. 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. "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. "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 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) [any] 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 not include [any] a device that is neither designed nor redesigned for use as a weapon;

          C. "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 a firearm silencer. "Firearm" includes [any] a handgun, rifle or shotgun; and

          D. "law enforcement officer" means [any] an employee of a police or public safety department 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 member of the New Mexico rangers or a person or entity acting as a contractor for any other law enforcement officer, police or public safety department described in this section."

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