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SPONSOR: |
Sandoval |
DATE TYPED: |
|
HB |
512 |
||
SHORT TITLE: |
Unauthorized Recording Act Violations |
SB |
|
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|
ANALYST: |
Gonzales |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
None |
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Attorney
General (AG)
Administrative
Office of the Courts (AOC)
SUMMARY
Synopsis
of Bill
House
Bill 512 amends Section 30-16B-3 NMSA 1978 to change the threshold for
violations related to unauthorized sound and audiovisual recordings. The language “during a one hundred eighty day
period” is also deleted.
Significant
Issues
Currently,
Section 30-16B-1 et. seq. makes it a crime for
unauthorized recordings, either audio or video, to be made, sold or
transferred. The current statute requires a certain number of unauthorized
recordings within a certain time period for it to be a crime. The proposed legislation changes the
threshold number of unauthorized recordings required for criminal penalties and
abolishes any time period restraints for criminal penalties. For example, currently the statute requires
that 100 or more unauthorized sound recordings be made within 180 days for a
fourth degree felony. As proposed, the
new bill would decrease that number to 7 and abolish the requirement that they
be made within 180 days. The bill makes
those same threshold changes to each of the different penalty sections of the
statute.
OTHER SUBSTANTIVE ISSUES
The Attorney General indicates this bill makes the
criminal penalty sections of the statute more consistent between the “sound”
unauthorized recordings and the “audiovisual” unauthorized recordings, in that
it proposes the same threshold number for both types of unauthorized recordings.
JMG/njw