HOUSE BILL 182

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Roberto "Bobby" J. Gonzales and Monica Youngblood

AN ACT

RELATING TO CRIMINAL LAW; ESTABLISHING THE CRIME OF CARGO THEFT; ENACTING PENALTIES.

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

     SECTION 1. [NEW MATERIAL] CARGO THEFT--PENALTIES.--

          A. Cargo theft consists of stealing:

                (1) commercial goods being transported by a vehicle; or

                (2) any vehicle engaged in the transportation of commercial goods.

          B. Whoever commits cargo theft is guilty of a second degree felony and shall be sentenced, notwithstanding the provisions of Section 31-18-15 NMSA 1978, to nine years imprisonment and a fine not to exceed the value of the property stolen and the cost of recovering the property. The amount of the fine shall be based upon the fair market value of the property stolen.

          C. As used in this section:

                (1) "commercial goods" means goods being transported for purchase or sale; and

                (2) "vehicle" means the vehicle being used to transport commercial goods and any trailer, container or similar conveyance drawn or utilized by the vehicle.

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2016."

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