HOUSE BILL 144

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Meredith Dixon and Antonio Maestas and William "Bill" R. Rehm and Natalie Figueroa and Joshua N. Hernandez

AN ACT

RELATING TO CRIME; CREATING THE CRIME OF DAMAGE TO PROPERTY BY THEFT OR ATTEMPTED THEFT OF REGULATED MATERIAL; 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 PROPERTY BY THEFT OR ATTEMPTED THEFT OF REGULATED MATERIAL--PENALTIES.--

          A. Criminal damage to property by theft or attempted theft of regulated material consists of the unlawful taking or attempted taking of any regulated material from another that results in damage to real or personal property when the cost to repair the damage is more than two thousand five hundred dollars ($2,500). Whoever commits criminal damage to property by theft or attempted theft of regulated material is guilty of a fourth degree felony.

          B. Any person who is guilty of criminal damage to property by theft or attempted theft of regulated material shall be required to provide restitution to the owner of the regulated material and the owner of any real or personal property damaged by the theft.

          C. For the purposes of this section:

                (1) "aluminum material" means a product made from aluminum, an aluminum alloy or an aluminum byproduct and includes an aluminum beer keg, but does not include other types of aluminum cans used to contain a food or beverage;

                (2) "bronze material" means:

                     (a) a cemetery vase, receptacle or memorial made from bronze;

                     (b) bronze statuary; or

                     (c) material readily identifiable as bronze;

                (3) "copper or brass material" means:

                     (a) insulated or noninsulated copper wire, hardware or cable of the type used by a public utility, commercial mobile radio service carrier or common carrier that consists of at least twenty-five percent copper; or

                     (b) a copper or brass item of a type commonly used in construction or by a public utility, commercial mobile radio service carrier or common carrier;

                (4) "lead material" means:

                     (a) a lead-acid battery; or

                     (b) material readily identifiable as being made of or containing lead;

                (5) "regulated material" means:

                     (a) aluminum material;

                     (b) bronze material;

                     (c) copper or brass material;

                     (d) steel material;

                     (e) lead material;

                     (f) a utility access cover;

                     (g) a water meter cover;

                     (h) a road or bridge guard rail;

                     (i) a highway or street sign;

                     (j) a traffic directional or control sign or signal; or

                     (k) a catalytic converter that is not part of an entire motor vehicle; and

                (6) "steel material" means a product made from an alloy of iron, chromium, nickel or manganese, including stainless steel beer kegs."

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