HOUSE BILL 456

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

INTRODUCED BY

Monica Youngblood

AN ACT

RELATING TO HUMAN SERVICES; REVISING PENALTIES FOR UNLAWFUL DEALING IN FEDERAL FOOD COUPONS OR WOMEN, INFANTS AND CHILDREN FOOD PROGRAM CHECKS.

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

     SECTION 1. Section 30-16-7 NMSA 1978 (being Laws 1971, Chapter 282, Section 1, as amended) is amended to read:

     "30-16-7. UNLAWFUL DEALING IN FEDERAL FOOD COUPONS OR WIC CHECKS.--

          A. Unlawful dealing in federal food coupons or WIC checks consists of a person buying, selling, trading, bartering or possessing food coupons or WIC checks issued by the United States department of agriculture with the intent to obtain an economic benefit to which the person is not entitled under the rules of the human services department pertaining to the food stamp program or of the department of health pertaining to the special supplemental [food] nutrition program for women, infants and children.

          B. Whoever commits unlawful dealing in federal food coupons or WIC checks, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the food coupons or WIC checks involved is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

           C. Whoever commits unlawful dealing in federal food coupons or WIC checks, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the food coupons or WIC checks involved is over two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits unlawful dealing in federal food coupons or WIC checks, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the food coupons or WIC checks involved is over five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.           E. Whoever commits unlawful dealing in federal food coupons or WIC checks, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the food coupons or WIC checks involved 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. Whoever commits unlawful dealing in federal food coupons or WIC checks, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the food coupons or WIC checks involved exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.

          G. For the purposes of this section, "federal food coupons or WIC checks" includes electronic benefit transfer cards or any other method through which [food stamps] supplemental nutrition assistance program or WIC benefits may be obtained."

     SECTION 2. Section 30-40-3 NMSA 1978 (being Laws 1979, Chapter 170, Section 3, as amended) is amended to read:

     "30-40-3. MISAPPROPRIATING PUBLIC ASSISTANCE.--

          A. Misappropriating public assistance consists of a public officer or public employee fraudulently misappropriating, attempting to misappropriate or aiding and abetting in the misappropriation of food [stamp] coupons, WIC checks pertaining to the special supplemental [food] nutrition program for women, infants and children administered by the [human services] department of health, food [stamp] coupons or medical identification cards, public assistance benefits or funds received in exchange for food [stamp] coupons.

          B. Whoever commits misappropriating public assistance, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the thing misappropriated is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

          C. Whoever commits misappropriating public assistance, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the thing misappropriated is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

          D. Whoever commits misappropriating public assistance, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the thing misappropriated is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

          E. Whoever commits misappropriating public assistance, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the thing misappropriated is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

          F. Whoever commits misappropriating public assistance, whether in one or more transactions within a period of twelve months or less, when the aggregate value of the thing misappropriated exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.

          [G. Whoever commits misappropriating public assistance when the item misappropriated is a food stamp or medical identification card is guilty of a fourth degree felony.]"

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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