SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR

SENATE BILL 180

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

AN ACT

RELATING TO CRIMINAL LAW; AMENDING THE EXPLOSIVES ACT TO CHANGE THE TITLE TO THE WEAPONS OF MASS DESTRUCTION AND EXPLOSIVES ACT; ESTABLISHING CRIMES RELATING TO THE POSSESSION, MANUFACTURE AND USE OF, OR THREAT TO USE, A WEAPON OF MASS DESTRUCTION; PROVIDING PENALTIES.

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

     SECTION 1. Section 30-7-17 NMSA 1978 (being Laws 1981, Chapter 246, Section 1) is amended to read:

     "30-7-17. SHORT TITLE.--Sections [1 through 6 of this act] 30-7-17 through 30-7-22 NMSA 1978 may be cited as the "Weapons of Mass Destruction and Explosives Act"."

     SECTION 2. Section 30-7-18 NMSA 1978 (being Laws 1981, Chapter 246, Section 2, as amended) is amended to read:

     "30-7-18. DEFINITIONS.--As used in the Weapons of Mass Destruction and Explosives Act: 

          A. "chemical warfare agent" means:

                (1) any weaponized toxic or poisonous chemical, including the following agents or any analog thereof:

                     (a) nerve agents, including tabun, sarin, soman, cyclosarin and the V-series of nerve agents;

                     (b) choking agents, including phosgene and diphosgene;

                     (c) blood agents, including hydrogen cyanide, cyanogen chloride and arsine; and

                     (d) blister agents, including sulfur mustard agents, nitrogen mustard agents, arsenicals, urticants and incapacitating agents; or

                (2) any other dangerous chemical or hazardous material when the chemical or material is designed or intended to cause great bodily harm or death or widespread and substantial damage to property;

          [A.] B. "explosive" means any chemical compound or mixture or device, the primary or common purpose of which is to explode, and includes but is not limited to dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters; [and

          B.] C. "explosive device" or "incendiary device" means:

                (1) any explosive bomb, grenade, missile or similar device;

                (2) any device or mechanism used or created to start a fire or explosion with or without a timing mechanism, except cigarette lighters and matches; or

                (3) any incendiary bomb or grenade, fire bomb or similar device or any device [which] that includes a flammable liquid or compound and a wick or igniting agent composed of any material [which] that is capable of igniting the flammable liquid or compound;

          D. "nuclear agent" means any explosive nuclear device that is designed to cause a nuclear yield;

          E. "radiological agent" means any:

                (1) radiological exposure device designed to contain radioactive material that can expose a person to ionizing radiation at a level dangerous to human life;

                (2) radiological dispersal device that is an explosive device utilized to spread radioactive material; or

                (3) simple radiological dispersal device that is a container designed to release radiological material as a weapon without an explosion;

          F. "vector" means a living organism or molecule, including a recombinant molecule or biological product that may be engineered as a result of biotechnology, that is capable of carrying a biological agent or toxin to a host; 

          G. "weapon of mass destruction" means a chemical warfare agent, weaponized biological warfare agent, nuclear agent or radiological agent;

          H. "weaponized" means that a substance or agent has been processed, prepared, packaged or synthesized for use as a weapon or munition; and

          I. "weaponized biological warfare agent" means any weaponized pathogen, toxin, vector or endogenous biological regulator."

     SECTION 3. Section 30-7-20 NMSA 1978 (being Laws 1981, Chapter 246, Section 4) is amended to read:

     "30-7-20. FACSIMILE OR HOAX BOMB, [OR] EXPLOSIVE OR WEAPON OF MASS DESTRUCTION.--Any person who intentionally gives, mails or sends or causes to be sent any false or facsimile bomb or explosive or weapon of mass destruction to another person or places or causes to be placed at any location any false or facsimile bomb or explosive or weapon of mass destruction, with the intent that any other person thinks it is a real bomb or explosive or weapon of mass destruction, is guilty of a fourth degree felony."

     SECTION 4. Section 30-7-21 NMSA 1978 (being Laws 1981, Chapter 246, Section 5) is amended to read:

     "30-7-21. FALSE REPORT.--

          A. False report consists of knowingly conveying or causing to be conveyed to any police agency or fire department a false report concerning a fire or explosion or the placement of any explosives or explosive or incendiary device or any other destructive substance or any weapon of mass destruction and includes but is not limited to setting off a fire alarm.

          B. Any person who commits false report [which] that causes death or great bodily harm to another person is guilty of a fourth degree felony, but if such death or great bodily harm is not caused, the person is guilty of a misdemeanor."

     SECTION 5. A new section of the Weapons of Mass Destruction and Explosives Act is enacted to read:

     "[NEW MATERIAL] POSSESSION, MANUFACTURE AND USE OF WEAPONS OF MASS DESTRUCTION.--

          A. Any person who knowingly and without lawful authority possesses, develops, manufactures, produces or transfers any weapon of mass destruction is guilty of a second degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.

          B. Any person who knowingly and intentionally uses against another person a weapon of mass destruction and thereby causes the death of a person is guilty of a first degree felony for use of a weapon of mass destruction resulting in the death of a person and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.

          C. Any person who knowingly and intentionally uses against another person a weapon of mass destruction and thereby causes great bodily harm to a person is guilty of a second degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.  

          D. Any person who knowingly and intentionally uses a weapon of mass destruction against property with the intent to cause widespread and substantial damage to that property is guilty of a third degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978.  

          E. Any person who, without lawful authority, uses recombinant technology or any other scientific technology to create new pathogens or more virulent forms of existing pathogens for the purpose of creating a weapon of mass destruction is guilty of a first degree felony and shall be sentenced pursuant to Section 31-18-15 NMSA 1978."  

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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