SENATE BILL 118

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

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO CRIMINAL LAW; EXPANDING THE CRIME OF RACKETEERING TO INCLUDE FALSE APPLICATION, CLAIM OR PROOF OF LOSS WITH RESPECT TO INSURANCE.

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

     Section 1. Section 30-42-1 NMSA 1978 (being Laws 1980, Chapter 40, Section 1) is amended to read:

     "30-42-1. SHORT TITLE.--[This act] Chapter 30, Article 42 NMSA 1978 may be cited as the "Racketeering Act"."

     Section 2. Section 30-42-3 NMSA 1978 (being Laws 1980, Chapter 40, Section 3, as amended) is amended to read:

     "30-42-3. DEFINITIONS.--As used in the Racketeering Act:

          A. "racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses:

                (1) murder, as provided in Section 30-2-1 NMSA 1978;

                (2) robbery, as provided in Section 30-16-2 NMSA 1978;

                (3) kidnapping, as provided in Section 30-4-1 NMSA 1978;

                (4) forgery, as provided in Section 30-16-10 NMSA 1978;

                (5) larceny, as provided in Section 30-16-1 NMSA 1978;

                (6) fraud, as provided in Section 30-16-6 NMSA 1978;

                (7) embezzlement, as provided in Section 30-16-8 NMSA 1978;

                (8) receiving stolen property, as provided in Section 30-16-11 NMSA 1978;

                (9) bribery, as provided in Sections 30-24-1 through 30-24-3 NMSA 1978;

                (10) gambling, as provided in Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978;

                (11) illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978;

                (12) extortion, as provided in Section 30-16-9 NMSA 1978;

                (13) trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978;

                (14) arson and aggravated arson, as provided in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA 1978;

                (15) promoting prostitution, as provided in Section 30-9-4 NMSA 1978;

                (16) criminal solicitation, as provided in Section 30-28-3 NMSA 1978;

                (17) fraudulent securities practices, as provided in the New Mexico Securities Act of 1986;

                (18) loan sharking, as provided in Sections 30-43-1 through 30-43-5 NMSA 1978;

                (19) distribution of controlled substances or controlled substance analogues, as provided in Sections 30-31-21 and 30-31-22 NMSA 1978; [and]

                (20) a violation of the money laundering provisions of Section [4 of the Money Laundering Act] 30-51-4 NMSA 1978; or

                (21) false application, claim or proof of loss as provided in Section 59A-16-23 NMSA 1978;

          B. "person" means an individual or entity capable of holding a legal or beneficial interest in property;

          C. "enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit entities; and

          D. "pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after [the effective date of the Racketeering Act] February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering."

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