SENATE BILL 67

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO COMMUNICATIONS; REQUIRING ANTI-THEFT FUNCTIONS FOR CELL PHONES AND OTHER MOBILE DEVICES TO DETER THEFT; ESTABLISHING A REQUIREMENT FOR RESALE OF MOBILE COMMUNICATIONS DEVICES; PRESCRIBING CIVIL PENALTIES.

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

     SECTION 1. [NEW MATERIAL] MOBILE COMMUNICATIONS DEVICE ANTI-THEFT FUNCTIONALITY--SALE OF USED MOBILE COMMUNICATIONS DEVICES--CIVIL PENALTIES.--

          A. As used in this section, "mobile communications device" means a cell phone or an electronic tablet.

          B. Every new mobile communications device manufactured on or after July 1, 2016 and sold in New Mexico shall be equipped with a software application that enables an authorized user to:

                (1) render the device inoperable by an unauthorized user when the mobile communications device is not in the possession of an authorized user; and

                (2) restore the device to an operative state after it has been rendered inoperable.

          C. Beginning on July 1, 2016, a retailer shall not pay for the purchase of a used mobile communications device with cash.

          D. A person who violates Subsection B of this section may be assessed a civil penalty not to exceed five hundred dollars ($500) per sale of a mobile communications device.

          E. A person who violates Subsection C of this section may be assessed a civil penalty not to exceed two hundred dollars ($200) per purchase of a mobile communications device.

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