SENATE BILL 107

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Lynda M. Lovejoy and James Roger Madalena

FOR THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE AND

THE INDIAN AFFAIRS COMMITTEE

AN ACT

RELATING TO CRIMINAL LAW; AMENDING THE INDIAN ARTS AND CRAFTS SALES ACT TO PROVIDE FOR PENALTIES CONSISTENT WITH PENALTIES FOR OTHER PROPERTY CRIMES; INCREASING PENALTIES.

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

     Section 1. Section 30-33-9 NMSA 1978 (being Laws 1977, Chapter 334, Section 6, as amended) is amended to read:

     "30-33-9. VIOLATION OF ACT--PENALTIES.--

          A. In an action brought by the attorney general or a district attorney for a violation under the provisions of the Indian Arts and Crafts Sales Act, the district court may order temporary or permanent injunctive relief. The district court shall order restitution and such other relief as may be necessary to redress injury to any person resulting from the violation.

          B. In any action brought under this section, if the court finds that a person is willfully using or has willfully used a method, act or practice declared unlawful by the Indian Arts and Crafts Sales Act, the attorney general or district attorney, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil penalty not to exceed [five hundred dollars ($500)] five thousand dollars ($5,000) per violation.

          C. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act [is guilty of a petty misdemeanor when] where the violation involves property valued at [less than two thousand five hundred dollars ($2,500) and shall be punished by a fine of not less than one hundred dollars ($l00) per violation per day, up to a maximum fine of five hundred dollars ($500), or imprisonment in the county jail for a definite term not to exceed six months, or both] two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          D. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act [is guilty of a misdemeanor when] where the violation involves property valued [at or] in excess of [two thousand five hundred dollars ($2,500) and less than twenty thousand ($20,000) and shall be punished by a fine of not less than one hundred dollars ($l00) per violation per day, up to a maximum fine of one thousand dollars ($l,000), or by imprisonment in the county jail for not more than one year, or both] two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          E. Any person willfully and knowingly violating the provisions of the Indian Arts and Crafts Sales Act [is guilty of a fourth degree felony when] where the violation involves property valued [at or] in excess of [twenty thousand dollars ($20,000) and shall be punished by a fine of not less than one hundred dollars ($l00) per violation per day, up to a maximum fine of five thousand dollars ($5,000), or up to eighteen months imprisonment in the county jail, or both] five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          F. Any person willfully and knowingly violating the

provisions of the Indian Arts and Crafts Sales Act where the violation involves property valued in excess of two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          G. Any person willfully and knowingly violating the

provisions of the Indian Arts and Crafts Sales Act where the violation involves property valued in excess of twenty thousand dollars ($20,000) is guilty of a second degree felony."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.