HOUSE BILL 491

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Cynthia Borrego and Joseph L. Sanchez and Art De La Cruz

 

 

 

 

 

AN ACT

RELATING TO CRIME; PROVIDING THAT MULTIPLE VIOLATIONS OF UNLAWFUL TAKING OF, EMBEZZLEMENT OF, FRAUDULENTLY OBTAINING OR RECEIVING OR TRANSPORTING STOLEN VEHICLES OR MOTOR VEHICLES APPLY TOWARD SENTENCING REGARDLESS OF WHICH SECTION OF LAW WAS VIOLATED PREVIOUSLY; PROVIDING PENALTIES.

 

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

     SECTION 1. Section 30-16D-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 91, as amended by Laws 2009, Chapter 253, Section 1 and by Laws 2009, Chapter 261, Section 1) is amended to read:

     "30-16D-1. UNLAWFUL TAKING OF A VEHICLE OR MOTOR VEHICLE.--

          A. Unlawful taking of a vehicle or motor vehicle consists of a person taking any vehicle or motor vehicle as defined by the Motor Vehicle Code intentionally and without consent of the owner. [Whoever commits unlawful taking of a vehicle or motor vehicle is guilty of a:

                (1) fourth degree felony for a first offense;

                (2) third degree felony for a second offense; and

                (3) second degree felony for a third or subsequent offense.]

          B. The consent of the owner of the vehicle or motor vehicle to its taking shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking of the vehicle or motor vehicle by the same or a different person.

          C. Nothing in this section shall be construed to prohibit the holder of a lien duly recorded with the motor vehicle division of the taxation and revenue department from taking possession of a vehicle to which possession the lienholder is legally entitled under the provisions of the instrument evidencing the lien. A holder of a duly recorded lien who takes possession of a vehicle without the knowledge of the owner of the vehicle shall immediately notify the local police authority of the fact that the holder has taken possession of the vehicle."

     SECTION 2. Section 30-16D-2 NMSA 1978 (being Laws 2009, Chapter 253, Section 2 and Laws 2009, Chapter 261, Section 2) is amended to read:

     "30-16D-2. EMBEZZLEMENT OF A VEHICLE OR MOTOR VEHICLE.--[A.] Embezzlement of a vehicle or motor vehicle consists of a person embezzling or converting to the person's own use a vehicle or motor vehicle as defined by the Motor Vehicle Code, with which the person has been entrusted, with the fraudulent intent to deprive the owner of the vehicle or motor vehicle.

          [B. Whoever commits embezzlement of a vehicle or motor vehicle is guilty of a:

                (1) fourth degree felony for a first offense;

                (2) third degree felony for a second offense; and

                (3) second degree felony for a third or subsequent offense.]"

     SECTION 3. Section 30-16D-3 NMSA 1978 (being Laws 2009, Chapter 253, Section 3 and Laws 2009, Chapter 261, Section 3) is amended to read:

     "30-16D-3. FRAUDULENTLY OBTAINING A VEHICLE OR MOTOR VEHICLE.--[A.] Fraudulently obtaining a vehicle or motor vehicle consists of a person intentionally misappropriating or taking a vehicle or motor vehicle as defined by the Motor Vehicle Code that belongs to another person by means of fraudulent conduct, practices or representations.

          [B. Whoever commits fraudulently obtaining a vehicle or motor vehicle is guilty of a:

                (1) fourth degree felony for a first offense;

                (2) third degree felony for a second offense; and

                (3) second degree felony for a third or subsequent offense.]"

     SECTION 4. Section 30-16D-4 NMSA 1978 (being Laws 1978, Chapter 35, Section 92, as amended by Laws 2009, Chapter 253, Section 4 and by Laws 2009, Chapter 261, Section 4) is amended to read:

     "30-16D-4. RECEIVING OR TRANSFERRING STOLEN VEHICLES OR MOTOR VEHICLES.--[A.] Receiving or transferring a stolen vehicle or motor vehicle consists of a person who, with intent to procure or pass title to a vehicle or motor vehicle as defined by the Motor Vehicle Code that the person knows or has reason to believe has been stolen or unlawfully taken, receives or transfers possession of the vehicle or motor vehicle from or to another or who has in the person's possession any vehicle that the person knows or has reason to believe has been stolen or unlawfully taken. This section shall not apply to an officer of the law engaged at the time in the performance of the officer's duty as an officer.

          [B. Whoever commits receiving or transferring a stolen vehicle or motor vehicle is guilty of a:

                (1) fourth degree felony for a first offense;

                (2) third degree felony for a second offense; and

                (3) second degree felony for a third or subsequent offense.]"

     SECTION 5. A new Section 30-16D-5.1 NMSA 1978 is enacted to read:

     "30-16D-5.1. [NEW MATERIAL] PENALTIES.--Whoever violates any of the provisions described in Sections 30-16D-1 through 30-16D-4 NMSA 1978 is guilty of a:

          A. fourth degree felony for a first offense;

          B. third degree felony for a second offense, regardless of which provision was the first offense; and

          C. second degree felony for a third or subsequent offense, regardless of which provision was the first or second offense."

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