0001| HOUSE BILL 713
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| R. DAVID PEDERSON
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0005|
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0006|
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0007|
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0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO CRIMINAL LAW; AMENDING PENALTY PROVISIONS FOR THE
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0012| OFFENSE OF FORGERY AND VIOLATIONS OF THE WORTHLESS CHECK ACT.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 30-16-10 NMSA 1978 (being Laws 1963,
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0016| Chapter 303, Section 16-9) is amended to read:
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0017| "30-16-10. FORGERY.--
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0018| A. Forgery consists of:
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0019| [A.] (1) falsely making or altering any
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0020| signature to, or any part of, any writing purporting to have
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0021| any legal efficacy with intent to injure or defraud; or
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0022| [B.] (2) knowingly issuing or transferring a
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0023| forged writing with intent to injure or defraud.
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0024| [Whoever commits forgery is guilty of a third degree
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felony.]
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0001| B. Whoever commits forgery that causes or is
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0002| intended to cause damage of one hundred dollars ($100) or less
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0003| is guilty of a petty misdemeanor.
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0004| C. Whoever commits forgery that causes or is
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0005| intended to cause damage greater than one hundred dollars
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0006| ($100) but not more than two hundred fifty dollars ($250) is
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0007| guilty of a misdemeanor.
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0008| D. Whoever commits forgery that causes or is
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0009| intended to cause damage greater than two hundred fifty dollars
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0010| ($250) but not more than two thousand five hundred dollars
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0011| ($2,500) is guilty of a fourth degree felony.
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0012| E. Whoever commits forgery that causes or is
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0013| intended to cause damage greater than two thousand five hundred
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0014| dollars ($2,500) but not more than twenty thousand dollars
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0015| ($20,000) is guilty of a third degree felony.
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0016| F. Whoever commits forgery that causes or is
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0017| intended to cause damage greater than twenty thousand dollars
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0018| ($20,000) is guilty of a second degree felony."
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0019| Section 2. Section 30-36-5 NMSA 1978 (being Laws 1965,
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0020| Chapter 114, Section 1) is amended to read:
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0021| "30-36-5. PENALTY.--Any person violating Section [40-49-
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4 New Mexico Statutes Annotated, 1953 Compilation] 30-36-4
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0023| NMSA 1978 shall be punished as follows:
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0024| A. when the amount of the check, draft or order or
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0025| the total amount of the checks, drafts or orders [are for more
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than one dollar ($1.00) but less than twenty-five dollars
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($25.00), imprisonment in the county jail for a term of not
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more than thirty days or a fine of not more than one hundred
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dollars ($100), or both such imprisonment and fine] is one
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0005| hundred dollars ($100) or less, the person is guilty of a petty
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0006| misdemeanor;
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0007| B. when the amount of the check, draft or order or
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0008| the total amount of the checks, drafts or orders [are for
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twenty-five dollars ($25.00) or more, imprisonment in the
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penitentiary for a term of not less than one year nor more than
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three years or the payment of a fine of not more than one
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thousand dollars ($1,000) or both such imprisonment and fine.]
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0013| is more than one hundred dollars ($100) but not more than two
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0014| hundred fifty dollars ($250), the person is guilty of a
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0015| misdemeanor;
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0016| C. when the amount of the check, draft or order or
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0017| the total amount of the checks, drafts or orders is more than
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0018| two hundred fifty dollars ($250) but not more than two thousand
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0019| five hundred dollars ($2,500), the person is guilty of a fourth
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0020| degree felony;
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0021| D. when the amount of the check, draft or order or
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0022| the total amount of the checks, drafts or orders is more than
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0023| two thousand five hundred dollars ($2,500) but not more than
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0024| twenty thousand dollars ($20,000), the person is guilty of a
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0025| third degree felony; and
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0001| E. when the amount of the check, draft or order or
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0002| the total amount of the checks, drafts or orders is more than
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0003| twenty thousand dollars ($20,000), the person is guilty of a
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0004| second degree felony."
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0005| Section 3. EFFECTIVE DATE.--The effective date of the
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0006| provisions of this act is July 1, 1997.
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