HOUSE BILL 156

54th legislature - STATE OF NEW MEXICO - second session, 2020

INTRODUCED BY

Abbas Akhil and Joy Garratt and Daymon Ely and Natalie Figueroa and Gail Armstrong

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF ILLEGALLY DISMANTLING STOLEN VEHICLES; PROVIDING A PENALTY.

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

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] ILLEGALLY DISMANTLING STOLEN VEHICLES--PENALTY.--

          A. Illegally dismantling stolen vehicles consists of a person knowingly:

                (1) owning, operating, maintaining or controlling a chop shop, knowing that it is a chop shop;

                (2) transporting an unlawfully obtained motor vehicle or major component motor vehicle part to or from a chop shop, knowing that it is a chop shop; or

                (3) selling or transferring to, or purchasing or receiving from, a chop shop, knowing that it is a chop shop, an unlawfully obtained motor vehicle or major component motor vehicle part.

          B. A violation of:

                (1) Paragraph (1) of Subsection A of this section is a third degree felony; and

                (2) Paragraph (2) or (3) of Subsection A of this section is a fourth degree felony.

          C. As used in this section:

                (1) "chop shop" means a building, lot, facility or other structure or premises where a person possesses, receives, stores, disassembles or alters, including the alteration or concealment of any identifying feature or number, including the manufacturer's serial number, engine number, decal or other distinguishing number or identification mark or number placed under assignment of the motor vehicle division of the taxation and revenue department of a vehicle required to be registered pursuant to the Motor Vehicle Code or any vehicle, motor vehicle or motor vehicle engine or component as defined in the Motor Vehicle Code, an unlawfully obtained motor vehicle or major component motor vehicle part for the purpose of using, selling or disposing of the motor vehicle or major component motor vehicle part;

                (2) "motor vehicle" means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails; and

                (3) "unlawfully obtained" means obtained by theft, fraud or deceit or obtained without the permission of the owner."

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