HOUSE BILL 703

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

James R.J. Strickler

AN ACT

RELATING TO CONTROLLED SUBSTANCES; PROVIDING FOR FORFEITURE OF REAL PROPERTY THAT IS USED TO COMMIT A FELONY OFFENSE IN VIOLATION OF THE CONTROLLED SUBSTANCES ACT.

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

     Section 1. Section 30-31-34 NMSA 1978 (being Laws 1972, Chapter 84, Section 33, as amended) is amended to read:

     "30-31-34. FORFEITURES--PROPERTY SUBJECT.--The following are subject to forfeiture:

          A. all controlled substances and all controlled substance analogs [which] that have been manufactured, distributed, dispensed or acquired in violation of the Controlled Substances Act;

          B. all raw materials, products and equipment of any kind, including firearms [which] that are used or intended for use in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance or controlled substance analog in violation of the Controlled Substances Act;

          C. all property [which] that is used or intended for use as a container for property described in Subsection A or B of this section;

          D. all conveyances, including aircraft, vehicles or vessels [which] that are used or intended for use to transport or in any manner to facilitate the transportation for the purpose of sale of property described in Subsection A or B of this section;

          E. all books, records and research products and materials, including formulas, microfilm, tapes and data [which] that are used or intended for use in violation of the Controlled Substances Act;

          F. all real property, including any right, title and interest in any lot or tract of land and any appurtenances or improvements, that is used or intended to be used, in any manner or part, to commit or to facilitate the commission of a felony offense in violation of the Controlled Substances Act;

          [F.] G. narcotics paraphernalia or money [which] that is a fruit or instrumentality of the crime;

          [G.] H. notwithstanding Subsection D of this section:

                (1) no conveyance used by [any] a person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of the Controlled Substances Act;

                (2) no conveyance is subject to forfeiture under this section by reason of [any] an act or omission established for the owner to have been committed or omitted without [his] the owner's knowledge or consent;

                (3) a conveyance is not subject to forfeiture for a violation of law the penalty for which is a misdemeanor; and

                (4) a forfeiture of a conveyance encumbered by a bona fide security interest shall be subject to the interest of a secured party if the secured party neither had knowledge of nor consented to the act or omission; and

          [H.] I. all drug paraphernalia as defined by Subsection [W] V of Section 30-31-2 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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