HOUSE BILL 65

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Thomas E. Swisstack

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING CRIMINAL PENALTIES FOR RECRUITING OTHERS TO JOIN A CRIMINAL STREET GANG OR INDUCING PARTICIPATION IN CRIMINAL STREET GANG ACTIVITY; ENHANCING PENALTIES FOR RECRUITMENT AND INDUCEMENT OF MINORS.

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] GANG RECRUITMENT.--

          A. Gang recruitment consists of the solicitation or recruitment of another with the intent that the person solicited or recruited:

                (1) participate in a pattern of criminal gang activity; or

                (2) promote, further or assist in felonious conduct by members of a criminal street gang.

     Whoever commits gang recruitment is guilty of a misdemeanor. Whoever commits gang recruitment of a minor is guilty of a fourth degree felony.

          B. Gang recruitment by threat or violence consists of threatening another with physical violence on two or more separate occasions within a thirty-day period, or using physical violence, with the intent to coerce, induce or solicit another to:

                (1) participate in a pattern of criminal gang activity; or

                (2) promote, further or assist in felonious conduct by members of a criminal street gang.

     Whoever commits gang recruitment by threat or violence is guilty of a fourth degree felony. Whoever commits gang recruitment of a minor by threat or violence is guilty of a third degree felony.

          C. As used in this section, "criminal street gang" means an ongoing organization, association or group of three or more persons, whether formal or informal, having a common name or identifying sign or symbol, whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity and having as one of its primary activities the commission of one or more of the following felonies:

                (1) homicide, pursuant to Section 30-2-1 NMSA 1978;

                (2) voluntary manslaughter, pursuant to Subsection A of Section 30-2-3 NMSA 1978;

                (3) aggravated assault, pursuant to Section 30-3-2 NMSA 1978;

                (4) assault with intent to commit a violent felony, pursuant to Section 30-3-3 NMSA 1978;

                (5) aggravated battery, pursuant to Subsection C of Section 30-3-5 NMSA 1978;

                (6) shooting at a dwelling or occupied building or shooting at or from a motor vehicle, pursuant to Section 30-3-8 NMSA 1978;

                (7) aggravated stalking, pursuant to Section 30-3A-3.1 NMSA 1978;

                (8) kidnapping, pursuant to Section 30-4-1 NMSA 1978;

                (9) sexual exploitation of children by prostitution, pursuant to Section 30-6A-4 NMSA 1978;

                (10) dangerous use of explosives, pursuant to Section 30-7-5 NMSA 1978;

                (11) possession of explosives, explosive devices or incendiary devices, pursuant to Sections 30-7-19 and 30-7-19.1 NMSA 1978;

                (12) criminal sexual penetration in the first, second or third degree, pursuant to Section 30-9-11 NMSA 1978;

                (13) criminal sexual contact of a minor, pursuant to Section 30-9-13 NMSA 1978;

                (14) robbery, pursuant to Section 30-16-2 NMSA 1978;

                (15) burglary, pursuant to Section 30-16-3 NMSA 1978;

                (16) aggravated burglary, pursuant to Section 30-16-4 NMSA 1978;

                (17) extortion, pursuant to Section 30-16-9 NMSA 1978;

                (18) aggravated fleeing a law enforcement officer, pursuant to Section 30-22-1.1 NMSA 1978;

                (19) harboring or aiding a felon, pursuant to Section 30-22-4 NMSA 1978;

                (20) aggravated assault upon a peace officer, pursuant to Section 30-22-22 NMSA 1978;

                (21) assault with intent to commit a violent felony upon a peace officer, pursuant to Section 30-22-23 NMSA 1978;

                (22) aggravated battery on a peace officer, pursuant to Section 30-22-25 NMSA 1978;

                (23) bribery or intimidation of a witness or retaliation against a witness, pursuant to Section 30-24-3 NMSA 1978;

                (24) trafficking in a controlled substance, pursuant to Section 30-31-20 NMSA 1978;

                (25) unlawful taking of a motor vehicle, pursuant to Section 66-3-504 NMSA 1978;

                (26) money laundering, pursuant to the Money Laundering Act; and

                (27) an attempt to commit any of the above felonies, pursuant to Section 30-28-1 NMSA 1978.

          D. As used in this section, "pattern of criminal gang activity" means the commission of or attempted commission of two or more of the felonies enumerated in Subsection C of this section; provided that the offenses occurred within three years of each other and were committed on separate occasions by two or more persons."

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