SENATE BILL 240

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Steven P. Neville

AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIME OF DAMAGE TO OR THEFT FROM AN ENERGY PRODUCTION FACILITY; PROVIDING PENALTIES.

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] DAMAGE TO OR THEFT FROM AN ENERGY PRODUCTION FACILITY.--

          A. Damage to or theft from an energy production facility consists of a person intentionally and without authorization vandalizing, destroying or removing from an energy production facility any property of value, including tools, scrap metal, parts and petroleum products.

          B. Whoever commits damage to or theft from an energy production facility is guilty of a:

                (1)  fourth degree felony if the value of property vandalized, destroyed or stolen over a six-month period has a value of two thousand five hundred dollars ($2,500) or less;

                (2)  third degree felony if the value of property vandalized, destroyed or stolen over a six-month period has a value of over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000); and

                (3)  second degree felony if the value of property vandalized, destroyed or stolen over a six-month period has a value of over twenty thousand dollars ($20,000).

          C. As used in this section, "energy production facility" means a facility that is involved in the production, storage, transmission or distribution of electricity, fuel or another form or source of energy, or a research, development or demonstration facility relating thereto, regardless of whether such facility is still under construction or is otherwise not functioning."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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