HOUSE BILL 246

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Matthew McQueen

AN ACT

RELATING TO CRIME; INCREASING THE PENALTIES FOR CERTAIN CRIMES WHEN COMMITTED IN AN EVACUATION ZONE; DEFINING "EVACUATION ZONE".

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

     SECTION 1. Section 30-1-12 NMSA 1978 (being Laws 1963, Chapter 303, Section 1-13) is amended to read:

     "30-1-12. DEFINITIONS.--As used in the Criminal Code:

          A. "great bodily harm" means an injury to the person which creates a high probability of death, or which causes serious disfigurement or which results in permanent or protracted loss or impairment of the function of any member or organ of the body;

          B. "deadly weapon" means any firearm, whether loaded or unloaded; or any weapon which is capable of producing death or great bodily harm, including but not restricted to any types of daggers, brass knuckles, switchblade knives, bowie knives, poniards, butcher knives, dirk knives and all such weapons with which dangerous cuts can be given or with which dangerous thrusts can be inflicted, including swordcanes, and any kind of sharp pointed canes, also slingshots, slung shots, bludgeons; or any other weapons with which dangerous wounds can be inflicted;

          C. "peace officer" means any public official or public officer vested by law with a duty to maintain public order or to make arrests for crime, whether that duty extends to all crimes or is limited to specific crimes;

          D. "another" or "other" means any other human being or legal entity, whether incorporated or unincorporated, including the United States, the state [of New Mexico] or any subdivision [thereof] of the state;

          E. "person" means any human being or legal entity,

incorporated or unincorporated, including the United States, the state of New Mexico or any subdivision [thereof] of the state;

          F. "anything of value" means any conceivable thing of the slightest value, tangible or intangible, movable or immovable, corporeal or incorporeal, public or private. The term is not necessarily synonymous with the traditional legal term "property";

          G. "official proceeding" means a proceeding heard before any legislative, judicial, administrative or other governmental agency or official authorized to hear evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or depositions in any proceeding;

          H. "lawful custody or confinement" means the holding of any person pursuant to lawful authority, including without limitation actual or constructive custody of prisoners temporarily outside a penal institution, reformatory, jail, prison farm or ranch;

          I. "public officer" means any elected or appointed officer of the state or any of its political subdivisions, and whether or not [he] the public officer receives remuneration for [his] the public officer's services; [and]

          J. "public employee" means any person receiving remuneration for regular services rendered to the state or any of its political subdivisions; and

          K. "evacuation zone" means an area designated as an evacuation zone by local or state officials in response to a natural or industrial disaster that poses a significant threat to public safety or property."

     SECTION 2. Section 30-14-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 14-1, as amended) is amended to read:

     "30-14-1. CRIMINAL TRESPASS.--

          A. Criminal trespass consists of knowingly entering or remaining upon posted private property without possessing written permission from the owner or person in control of the land. The provisions of this subsection do not apply if:

                (1) the owner or person in control of the land has entered into an agreement with the department of game and fish granting access to the land to the general public for the purpose of taking any game animals, birds or fish by hunting or fishing; or

                (2) a person is in possession of a landowner license given to [him] the person by the owner or person in control of the land that grants access to that particular private land for the purpose of taking any game animals, birds or fish by hunting or fishing.

          B. Criminal trespass also consists of knowingly entering or remaining upon the unposted lands of another knowing that such consent to enter or remain is denied or withdrawn by the owner or occupant [thereof] of the lands. Notice of no consent to enter shall be deemed sufficient notice to the public and evidence to the courts by the posting of the property at all vehicular access entry ways.

          C. Criminal trespass also consists of knowingly entering or remaining upon lands owned, operated or controlled by the state or any of its political subdivisions knowing that consent to enter or remain is denied or withdrawn by the custodian [thereof] of the lands.

          D. Any person who enters upon the lands of another without prior permission and injures, damages or destroys any part of the realty or its improvements, including buildings, structures, trees, shrubs or other natural features, is guilty of a misdemeanor and [he] shall be liable to the owner, lessee or person in lawful possession for civil damages in an amount equal to double the value of the damage to the property injured or destroyed.

          E. [Whoever] Any person who commits criminal trespass is guilty of a misdemeanor, [Additionally] except that:

                (1) any person who violates the provisions of Subsection A, B or C of this section, when in connection with hunting, fishing or trapping activity, shall have [his] the person's hunting or fishing license revoked by the state game commission for a period of not less than three years, pursuant to the provisions of Section 17-3-34 NMSA 1978; and

                (2) any person who commits criminal trespass in an evacuation zone is guilty of a fourth degree felony.

          F. [Whoever] Any person who knowingly removes, tampers with or destroys any "no trespass" sign is guilty of a petty misdemeanor, except that, when the damage to the sign amounts to more than one thousand dollars ($1,000), [he or she] the person is guilty of a misdemeanor and shall be subject to imprisonment in the county jail for a definite term less than one year or a fine not more than one thousand dollars ($1,000) or to both such imprisonment and fine in the discretion of the judge.

          G. This section, as amended, shall be published in all issues of "Big Game Hunt Proclamation" as published by the department of game and fish."

     SECTION 3. Section 30-14-8 NMSA 1978 (being Laws 1981, Chapter 34, Section 2) is amended to read:

     "30-14-8. BREAKING AND ENTERING.--

          A. Breaking and entering consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, where entry is obtained by fraud or deception, or by the breaking or dismantling of any part of the vehicle, watercraft, aircraft, dwelling or other structure, or by the breaking or dismantling of any device used to secure the vehicle, watercraft, aircraft, dwelling or other structure.

          B. [Whoever] Any person who commits breaking and entering is guilty of a fourth degree felony, except that any person who commits breaking and entering in an evacuation zone is guilty of a third degree felony."

     SECTION 4. Section 30-15-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 15-1) is amended to read:

     "30-15-1. CRIMINAL DAMAGE TO PROPERTY.--

          A. Criminal damage to property consists of intentionally damaging any real or personal property of another without the consent of the owner of the property.

          [Whoever] B. Any person who commits criminal damage to property is guilty of a petty misdemeanor, except that:

                (1) when the damage to the property amounts to more than one thousand dollars ($1,000), [he] the person is guilty of a fourth degree felony; and

                (2) any person who commits criminal damage to property in an evacuation zone is guilty of a third degree felony."

     SECTION 5. Section 30-16-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-1, as amended) is amended to read:

     "30-16-1. LARCENY.--

          A. Larceny consists of the stealing of anything of value that belongs to another.

          B. [Whoever] Any person who commits larceny when the value of the property stolen is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor, except that, if the larceny was committed in an evacuation zone, the person is guilty of a misdemeanor.

          C. [Whoever] Any person who commits larceny when the value of the property stolen is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor, except that, if the larceny was committed in an evacuation zone, the person is guilty of a fourth degree felony.

          D. [Whoever] Any person who commits larceny when the value of the property stolen is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony, except that, if the larceny was committed in an evacuation zone, the person is guilty of a third degree felony.

          E. [Whoever] Any person who commits larceny when the value of the property stolen is over two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          F. Any person who commits larceny in an evacuation zone when the value of the property stolen is over two thousand five hundred dollars ($2,500) is guilty of a second degree felony.

          [F. Whoever] G. Any person who commits larceny when the value of the property stolen is over twenty thousand dollars ($20,000) is guilty of a second degree felony.

          [G. Whoever] H. Any person who commits larceny when the property of value stolen is livestock is guilty of a third degree felony regardless of its value.

          [H. Whoever] I. Any person who commits larceny when the property of value stolen is a firearm is guilty of a fourth degree felony when its value is less than two thousand five hundred dollars ($2,500)."

     SECTION 6. Section 30-16-3 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-3, as amended) is amended to read:

     "30-16-3. BURGLARY.--Burglary consists of the unauthorized entry of any vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with the intent to commit any felony or theft therein.

          A. Any person who, without authorization, enters a dwelling house with intent to commit any felony or theft therein is guilty of a third degree felony, except that, if the dwelling house is located in an evacuation zone, the person is guilty of a second degree felony.

          B. Any person who, without authorization, enters any vehicle, watercraft, aircraft or other structure, movable or immovable, with intent to commit any felony or theft therein is guilty of a fourth degree felony, except that, if the vehicle, watercraft, aircraft or other structure, movable or immovable, is located in an evacuation zone, the person is guilty of a third degree felony."

     SECTION 7. Section 30-16-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 16-4) is amended to read:

     "30-16-4. AGGRAVATED BURGLARY.--

          A. Aggravated burglary consists of the unauthorized entry of [any] a vehicle, watercraft, aircraft, dwelling or other structure, movable or immovable, with intent to commit [any] a felony or theft [therein] in it and the person [either]:

                [A.] (1) is armed with a deadly weapon;

                [B.] (2) after entering, arms himself or herself with a deadly weapon; or

                [C.] (3) commits a battery upon [any] a person while in [such] the place or in entering or leaving [such] the place.

          [Whoever] B. Any person who commits aggravated burglary is guilty of a second degree felony, except that, if the aggravated burglary is in an evacuation zone, the person is guilty of a first degree felony."

     SECTION 8. Section 30-16D-1 NMSA 1978 (being Laws 1978, Chapter 35, Section 91, as amended by Laws 2009, Chapter 253, Section 1 and by Laws 2009, Chapter 261, Section 1) is amended to read:

     "30-16D-1. UNLAWFUL TAKING OF A VEHICLE OR MOTOR VEHICLE.--

          A. Unlawful taking of a vehicle or motor vehicle consists of a person taking any vehicle or motor vehicle as defined by the Motor Vehicle Code intentionally and without consent of the owner. [Whoever]

          B. Any person who commits unlawful taking of a vehicle or motor vehicle is guilty of a:

                (1) fourth degree felony for a first offense;

                (2) third degree felony for a first offense committed in an evacuation zone;

                [(2)] (3) third degree felony for a second offense;

                (4) second degree felony for a second or subsequent offense committed in an evacuation zone; and

                [(3)] (5) second degree felony for a third or subsequent offense.

          [B.] C. The consent of the owner of the vehicle or motor vehicle to its taking shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking of the vehicle or motor vehicle by the same or a different person.

          [C.] D. Nothing in this section shall be construed to prohibit the holder of a lien duly recorded with the motor vehicle division of the taxation and revenue department from taking possession of a vehicle to which possession the lienholder is legally entitled under the provisions of the instrument evidencing the lien. A holder of a duly recorded lien who takes possession of a vehicle without the knowledge of the owner of the vehicle shall immediately notify the local police authority of the fact that the holder has taken possession of the vehicle."

     SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.