0001| SENATE BILL 10
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| MANNY M. ARAGON
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO FORFEITURE OF PROPERTY; ENACTING THE FORFEITURE ACT;
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0012| AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; MAKING AN
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0013| APPROPRIATION.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. A new section of the Criminal Code is enacted
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0017| to read:
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0018| "[NEW MATERIAL] SHORT TITLE.--Sections 1 through 12 of
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0019| this act may be cited as the "Forfeiture Act"."
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0020| Section 2. A new section of the Criminal Code is enacted
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0021| to read:
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0022| "[NEW MATERIAL] PURPOSE OF ACT.--The purpose of the
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0023| Forfeiture Act is to provide uniform standards and procedures
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0024| for law enforcement officers and agencies for the seizure and
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0025| forfeiture of property used or intended to be used in the
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0001| commission of a crime."
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0002| Section 3. A new section of the Criminal Code is enacted
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0003| to read:
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0004| "[NEW MATERIAL] DEFINITIONS.--As used in the Forfeiture
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0005| Act:
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0006| A. "conviction" means a final adjudication of guilt
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0007| by a district or magistrate court or, if the court decision is
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0008| appealed, a final adjudication of guilt by an appellate court;
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0009| B. "crime" means an offense punishable by
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0010| imprisonment for one year or more, a violation of laws or
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0011| regulations regarding hunting or fishing or a violation of laws
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0012| regarding gambling;
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0013| C. "law enforcement officer" means a state or
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0014| municipal police officer, county sheriff, deputy sheriff,
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0015| conservation officer, motor transportation enforcement officer
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0016| or other state employee authorized by state law to enforce
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0017| criminal statutes; provided, "law enforcement officer" does not
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0018| include correctional officers;
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0019| D. "owner" means an individual who possesses a legal
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0020| or equitable ownership in property, or if title to the property
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0021| is held in the name of a partnership, trust, corporation or
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0022| other legal entity, an individual who possesses a substantial
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0023| legal or equitable ownership interest in the partnership, trust,
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0024| corporation or other legal entity; and
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0025| E. "property" means tangible or intangible personal
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0001| property, real property or an interest in tangible or intangible
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0002| personal property or real property."
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0003| Section 4. A new section of the Criminal Code is enacted
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0004| to read:
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0005| "[NEW MATERIAL] FORFEITURE REQUIREMENTS.--
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0006| A. A judgment for the forfeiture of property shall
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0007| be entered only upon:
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0008| (1) conviction of an owner of the property for
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0009| a crime related to the forfeiture; provided that a forfeiture
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0010| proceeding may be commenced prior to the conclusion of the
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0011| criminal prosecution in the trial court; and
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0012| (2) proof by clear and convincing evidence that
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0013| the property is forfeitable under state law and that a person
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0014| convicted of a crime related to the forfeiture is an owner of
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0015| the property.
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0016| B. The value of the property forfeited shall not
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0017| unreasonably exceed the pecuniary gain derived or sought to be
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0018| derived by the crime, the pecuniary loss caused or sought to be
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0019| caused by the crime or the value of the convicted owner's
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0020| interest in the property."
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0021| Section 5. A new section of the Criminal Code is enacted
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0022| to read:
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0023| "[NEW MATERIAL] SEIZURE--COURT ORDER--EXCEPTIONS.--
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0024| A. Property subject to forfeiture may be seized by a
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0025| law enforcement officer upon an order issued by the district
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0001| court having jurisdiction.
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0002| B. The court may issue an order pursuant to
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0003| Subsection A of this section if it determines that:
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0004| (1) there is a substantial probability that the
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0005| state will prevail on the issue of forfeiture and that failure
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0006| to enter the order will result in the property's being
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0007| destroyed, removed from the jurisdiction of the court or
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0008| otherwise made unavailable for forfeiture; and
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0009| (2) the need to preserve the availability of
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0010| the property through the entry of the requested order outweighs
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0011| the hardship to a party of interest.
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0012| C. A seizure of property other than a residence or
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0013| business may be made without a court order when:
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0014| (1) the seizure is incident to an arrest or a
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0015| search pursuant to a search warrant or an inspection pursuant to
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0016| an administrative inspection warrant;
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0017| (2) the property subject to seizure has been
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0018| the subject of a prior judgment in favor of the state or a
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0019| political subdivision in a criminal injunction or forfeiture
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0020| proceeding;
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0021| (3) there is probable cause to believe that the
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0022| property is directly or indirectly dangerous to health or
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0023| safety; or
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0024| (4) there is probable cause to believe that the
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0025| property is forfeitable under state law and that the delay
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0001| occasioned by the need to secure an order will frustrate the
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0002| seizure; provided, however, that an officer having made a
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0003| seizure pursuant to this paragraph shall, within ten days of the
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0004| seizure, apply for an order pursuant to Subsection A of this
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0005| section; and provided further that the property shall be
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0006| released to the owner immediately if the order is denied. The
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0007| officer making the seizure shall make a reasonable effort to
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0008| notify the person from whom the property was seized of the
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0009| location, date and time of the hearing on the application for an
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0010| order allowing seizure, so the person has a reasonable
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0011| opportunity to appear at the hearing and oppose the order.
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0012| D. The seizure of a residence or business shall
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0013| occur only after a pre-seizure hearing, with notice provided in
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0014| accordance with the provisions of Section 6 of the Forfeiture
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0015| Act.
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0016| E. The owner shall be given a receipt whenever
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0017| practicable for the property seized."
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0018| Section 6. A new section of the Criminal Code is enacted
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0019| to read:
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0020| "[NEW MATERIAL] SEIZURE--NOTICE--CLAIMS.--
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0021| A. All forfeiture proceedings shall be brought in
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0022| the name of the state. All forfeiture proceedings shall be
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0023| initiated in district court in the county in which the property
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0024| was seized; provided that, for good cause shown upon application
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0025| of any interested party, the court may consolidate proceedings
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0001| filed in different counties or allow transfer of proceedings to
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0002| another county.
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0003| B. All forfeiture proceedings shall be initiated by
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0004| the issuance of a notice of pending forfeiture by the
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0005| prosecuting attorney. The notice shall be issued within twenty
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0006| days from the date the property was seized. The notice shall
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0007| include a description of the property sought to be forfeited,
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0008| date and place of the seizure of the property, the name and
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0009| address of the seizing agency, the reason the property is
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0010| alleged to be forfeitable, a summary of the procedures and the
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0011| procedural rights applicable to the forfeiture action and a
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0012| notification alerting a trustee of the state's obligations under
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0013| the Forfeiture Act.
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0014| C. The notice shall be given to the person from whom
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0015| the property was seized and to each owner and secured interest
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0016| holder and is effective upon personal service.
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0017| D. If personal service of the notice is not possible
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0018| after good-faith attempts at all known residences and places of
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0019| business, the seizing law enforcement agency shall publish a
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0020| notice of seizure, including a list of seized property, in five
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0021| consecutive editions of a newspaper of general circulation in
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0022| the county in which the property has been seized. The notice
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0023| shall include a statement of the rights of an owner to claim
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0024| return of the property.
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0025| E. Any person claiming seized property shall file
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0001| with the appropriate law enforcement agency a claim stating his
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0002| interest in the property. All claims shall be filed within
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0003| sixty days of the date of personal service on the claimant or,
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0004| if personal service was not effected, within sixty days of the
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0005| last date of publication in the newspaper of the notice of
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0006| seizure.
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0007| F. Within twenty days of receipt by a law
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0008| enforcement agency of any claim to property, a complaint seeking
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0009| forfeiture of the property shall be filed in district court, and
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0010| copies of the complaint shall be served on all claimants. If
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0011| additional claims to the property are made in a timely manner
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0012| after the complaint is filed, those additional claimants shall
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0013| be made parties to the action by amendment of the complaint.
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0014| The Rules of Civil Procedure for the District Courts shall apply
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0015| to all forfeiture proceedings. The district court shall
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0016| determine the extent and priority of interest for all claimants
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0017| to property.
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0018| G. No bond of any kind shall be required as a
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0019| prerequisite to making a claim for the return of seized
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0020| property.
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0021| H. Reasonable attorneys' fees and costs shall be
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0022| awarded to a claimant who prevails in a forfeiture proceeding.
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0023| The attorneys' fees and costs shall be paid by the state.
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0024| I. If there is opposition to the forfeiture, the
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0025| claimant shall have the right to a jury trial in determining the
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0001| propriety of a forfeiture of any property valued in excess of
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0002| one thousand dollars ($1,000).
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0003| J. If the owner of the seized property is
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0004| financially unable to obtain representation of counsel, the
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0005| court may appoint appropriate counsel to represent that person
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0006| with respect to the claim. The court shall set compensation for
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0007| that representation as appropriate. Compensation for appointed
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0008| counsel shall be paid by the state.
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0009| K. The district court shall file a decision
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0010| regarding a forfeiture complaint within sixty days of the filing
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0011| of an answer by a claimant or, if there is more than one
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0012| claimant, within sixty days of the filing of an answer by the
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0013| last claimant. The sixty-day time limitation may be extended by
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0014| a consent of the parties or by the district court for good cause
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0015| shown. Good cause includes the pendency of related criminal
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0016| proceedings. Upon agreement of the parties, the court may
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0017| render a decision regarding whether and to what extent the
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0018| property is forfeitable prior to the time that related criminal
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0019| proceedings become final. When related criminal proceedings
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0020| become final, a final order regarding the forfeiture action
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0021| shall be entered.
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0022| L. When no claims to property are filed in a timely
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0023| manner, the property shall be forfeited. Forfeited property, if
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0024| it is not currency, shall be sold or otherwise disposed of in
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0025| accordance with law, and all sale proceeds and forfeited
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0001| currency shall be deposited in the general fund, or, if
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0002| forfeited under Chapter 17 NMSA 1978, the proceeds shall be
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0003| deposited in the game protection fund, in an amount equal to the
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0004| amount expended from the game protection fund to prosecute the
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0005| case, and the surplus shall be deposited in the general fund.
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0006| Notwithstanding the provisions of this subsection, proceeds from
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0007| the sale of forfeited property or forfeited currency shall be
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0008| applied first as restitution to or on behalf of actual victims
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0009| of the criminal acts related to the forfeiture proceedings."
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0010| Section 7. A new section of the Criminal Code is enacted
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0011| to read:
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0012| "[NEW MATERIAL] RETURN OF PROPERTY TO NONDEFENDANT.--If
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0013| the ownership interest of a person convicted for a crime related
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0014| to the seizure of property cannot be proven by clear and
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0015| convincing evidence, the court shall order the property returned
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0016| to its claimants."
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0017| Section 8. A new section of the Criminal Code is enacted
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0018| to read:
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0019| "[NEW MATERIAL] REAL PROPERTY AND MOTOR VEHICLES--TITLE
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0020| SEARCH--NOTICE.--
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0021| A. In addition to the procedures set forth in
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0022| Section 6 of the Forfeiture Act, when the seized property is
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0023| real property or a motor vehicle, the seizing law enforcement
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0024| agency shall perform a title search on the property. Subsequent
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0025| to the title search, the seizing law enforcement agency shall
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0001| give a notice of seizure as provided in Section 6 of the
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0002| Forfeiture Act to all persons whom the agency knows or
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0003| reasonably should know to have an interest in the property.
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0004| B. When the seizing law enforcement agency
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0005| determines that the seized real property or motor vehicle does
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0006| not belong to a person charged with a crime related to the
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0007| seizure of the property or motor vehicle, the agency shall
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0008| return the real property or motor vehicle to the owner of the
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0009| property."
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0010| Section 9. A new section of the Criminal Code is enacted
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0011| to read:
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0012| "[NEW MATERIAL] ACTIONS--TIME LIMITS--BURDEN OF PROOF.--
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0013| A. No action to forfeit property shall be brought
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0014| more than one year from the date of the conviction of a person
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0015| for a crime related to the proposed forfeiture of the property.
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0016| B. The burden of proof is on the prosecution to
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0017| establish, by clear and convincing evidence, that the property
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0018| is subject to forfeiture."
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0019| Section 10. A new section of the Criminal Code is enacted
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0020| to read:
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0021| "[NEW MATERIAL] PROPERTY IMMUNE FROM FORFEITURE--EXCEPTION.--
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0022| A. No property shall be forfeited under the
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0023| provisions of the Forfeiture Act to the extent of the interest
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0024| of any owner or lienholder who is not convicted of a crime
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0025| related to the forfeiture or by reason of a criminal act
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0001| committed without the knowledge or consent of that owner or
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0002| lienholder.
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0003| B. No property shall be forfeited that has been paid
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0004| or pledged as bona fide attorneys' fees.
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0005| C. Notwithstanding other provisions of this section,
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0006| if the court determines that property was transferred by the
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0007| owner or otherwise disposed of to circumvent the provisions of
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0008| the Forfeiture Act or other state law that provides for
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0009| forfeiture or limits use or disposal of property, that property
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0010| shall be subject to forfeiture as if the person convicted of the
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0011| crime were the sole owner."
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0012| Section 11. A new section of the Criminal Code is enacted
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0013| to read:
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0014| "[NEW MATERIAL] SAFEKEEPING OF SEIZED PROPERTY PRIOR TO
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0015| FORFEITURE--RETURN TO DEFENDANT.--
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0016| A. All currency seized pursuant to the provisions of
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0017| the Forfeiture Act shall be remitted to the state treasurer or
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0018| the clerk of the court for deposit in an interest-bearing trust
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0019| account.
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0020| B. Other property not required by state or federal
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0021| law to be destroyed may be:
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0022| (1) placed under seal;
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0023| (2) removed to a place designated by the law
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0024| enforcement agency or the district court;
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0025| (3) removed to the custody of the law
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0001| enforcement agency;
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0002| (4) sold or disposed of pursuant to Subsection
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0003| L of Section 6 of the Forfeiture Act, when no claims are filed
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0004| in a timely manner; or
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0005| (5) otherwise disposed of as provided by court
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0006| order.
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0007| C. Property shall be kept by the law enforcement
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0008| agency in such a manner as to protect it from theft or damage.
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0009| D. If an owner whose property was seized is not
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0010| convicted of the crime for which his property was seized, the
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0011| property shall be returned to him, including interest accrued on
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0012| escrow accounts.
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0013| E. Notwithstanding the immunity provided in the Tort
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0014| Claims Act, an owner of seized property that is returned
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0015| pursuant to the Forfeiture Act shall have a cause of action
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0016| against the law enforcement agency."
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0017| Section 12. A new section of the Criminal Code is enacted
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0018| to read:
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0019| "[NEW MATERIAL] DISPOSAL OF FORFEITED PROPERTY.--
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0020| A. Whenever property is forfeited to the state
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0021| pursuant to a court order under the Forfeiture Act, the court
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0022| shall provide for the sale or other disposition of the property.
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0023| Forfeited currency and proceeds from the sale of forfeited
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0024| property shall be applied first to restitution to or on behalf
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0025| of actual victims of the criminal acts of the convicted owner
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0001| related to the forfeiture proceedings.
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0002| B. After payments have been made pursuant to the
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0003| provisions of Subsection A of this section, the court shall
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0004| order the balance deposited in the general fund.
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0005| C. If forfeited property consists of a partial
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0006| interest in property, the court may, at its discretion and to
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0007| the benefit of the state's taxpayers, allow the other owners to
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0008| purchase the state's share at the current market value."
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0009| Section 13. Section 17-2-20.1 NMSA 1978 (being Laws 1979,
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0010| Chapter 321, Section 1, as amended) is amended to read:
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0011| "17-2-20.1. SEIZURE AND FORFEITURE--PROPERTY SUBJECT.--
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0012| A. All firearms and bows and arrows may be subject
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0013| to seizure and forfeiture when used as instrumentalities in the
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0014| commission of the following crimes:
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0015| (1) illegal possession or transportation of big
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0016| game during closed season;
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0017| (2) taking big game during closed season;
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0018| (3) attempting to take big game by the use of
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0019| spotlight or artificial light; and
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0020| (4) exceeding the bag limit on any big game
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0021| species during open season.
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0022| [B. Provided that no firearms or bows and arrows
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0023| shall be subject to forfeiture if the violation was without the
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0024| knowledge or consent of the owner.
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0025| C.] B. Any motor vehicle shall be subject to
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0001| seizure and forfeiture when operated in violation of the
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0002| provisions of Section 17-2-31 NMSA 1978 regarding hunting by
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0003| spotlight. [In the event of seizure and forfeiture under this
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0004| subsection, the motor vehicle shall be disposed of in accordance
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0005| with the provisions of Section 17-2-20.2 NMSA 1978.
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0006| D. No conveyance is subject to forfeiture under this
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0007| section by reason of any act or omission established for the
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0008| owner to have been committed or omitted without his knowledge or
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0009| consent. A forfeiture of a conveyance encumbered by a bona fide
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0010| security interest shall be subject to the interest of a secured
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0011| party if the secured party neither had knowledge of nor
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0012| consented to the act or omission]
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0013| C. Seizure and forfeiture proceedings shall be
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0014| conducted pursuant to the provisions of the Forfeiture Act."
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0015| Section 14. Section 18-6-9.3 NMSA 1978 (being Laws 1993,
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0016| Chapter 176, Section 11) is amended to read:
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0017| "18-6-9.3. CULTURAL PROPERTY--SEIZURE AND FORFEITURE OF
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0018| INSTRUMENTS.--[A.] Any instrument, vehicle, tool or equipment
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0019| used or intended to be used to violate the provisions of the
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0020| Cultural Properties Act is subject to seizure and forfeiture
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0021| [except that no instrument, vehicle, tool or equipment shall be
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0022| subject to forfeiture if the violation was without the knowledge
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0023| or consent of the owner of the property subject to forfeiture.
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0024| B. Property subject to forfeiture pursuant to the
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0025| provisions of this section may be seized by a conservation
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0001| officer, sheriff, state police officer or law enforcement
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0002| officer upon an order of the district court in the county having
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0003| jurisdiction over the offense.
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0004| C. Seizure without a court order may occur if:
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0005| (1) the seizure is incident to an arrest or a
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0006| search pursuant to a search warrant; or
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0007| (2) the enforcement officer has probable cause
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0008| to believe that the property was used or intended for use to
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0009| violate the Cultural Properties Act.
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0010| D. In the event of seizure pursuant to this section,
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0011| proceedings shall be instituted within thirty days from the date
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0012| of seizure. A proceeding brought pursuant to this section shall
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0013| be in rem. The claim shall not be filed against the owner or
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0014| any other person and shall be filed only as a civil case.
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0015| E. Property taken or detained pursuant to the
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0016| provisions of this section shall not be subject to replevin, but
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0017| is deemed to be in the custody of the state agency employing the
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0018| enforcing officer, subject only to the orders and decrees of the
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0019| district court. When property is seized pursuant to the
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0020| Cultural Properties Act, the state agency seizing it shall
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0021| remove the property to a place designated by the state agency
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0022| for disposition in accordance with law.
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0023| F. Except as otherwise specifically provided by law,
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0024| property forfeited due to a violation of the Cultural Properties
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0025| Act shall be sold at public auction pursuant to a court order.
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0001| The proceeds of the court-ordered sale of forfeited property are
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0002| subject first to the claims, verified by the court, of innocent
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0003| persons and the legitimate rights to restitution of actual
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0004| victims of the criminal acts. Where proceeds are derived from
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0005| violations:
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0006| (1) on lands controlled by the commissioner of
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0007| public lands, one-half of the proceeds from the sale shall
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0008| accrue to the state agency of which the law enforcement officer
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0009| seizing that property is a member and one-half shall be
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0010| deposited in the cultural properties restoration fund; and
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0011| (2) on any other state lands, one-half of the
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0012| proceeds from the sale shall accrue to the state agency of which
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0013| the law enforcement officer seizing that property is a member
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0014| and one-half of the proceeds shall be deposited in the cultural
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0015| properties restoration fund] pursuant to the provisions of the
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0016| Forfeiture Act."
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0017| Section 15. Section 30-3-8.1 NMSA 1978 (being Laws 1993,
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0018| Chapter 78, Section 2) is amended to read:
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0019| "30-3-8.1. SEIZURE AND FORFEITURE OF MOTOR VEHICLE--PROCEDURE [EXCEPTION].--
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0020| A. A motor vehicle shall be subject to seizure and
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0021| forfeiture when the vehicle is used or intended for use in the
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0022| commission of the offense of shooting at or from a motor vehicle
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0023| pursuant to Subsection B of Section 30-3-8 NMSA 1978.
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0024| B. A motor vehicle subject to seizure and forfeiture
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0025| [may be seized by a law enforcement officer:
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0001| (1) upon an order issued by the district court
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0002| having jurisdiction;
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0003| (2) without an order if the seizure is incident
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0004| to an arrest; or
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0005| (3) without an order if the seizure is incident
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0006| to a search under a valid search warrant.
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0007| C. In the event of seizure pursuant to Subsection B
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0008| of this section, proceedings under the Rules of Civil Procedure
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0009| for the District Courts and Subsection D of this section shall
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0010| be instituted promptly.
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0011| D. A motor vehicle seized under this section shall
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0012| not be subject to replevin, but is deemed to be in the custody
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0013| of the seizing law enforcement agency, subject only to the
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0014| orders and decrees of the district court. When a motor vehicle
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0015| is seized pursuant to the provisions of this section, a law
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0016| enforcement officer may remove the property to a place
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0017| designated by the district court or by the head of the officer's
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0018| agency for disposition in accordance with the law.
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0019| E. When a vehicle is forfeited pursuant to this
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0020| section, the seizing law enforcement agency shall sell the motor
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0021| vehicle at a public auction, and the proceeds, after all costs
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0022| for impoundment, forfeiture and sale are repaid, shall be
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0023| forwarded to the state treasurer for credit to the crime victims
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0024| reparation fund pursuant to Section 31-22-21 NMSA 1978 within
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0025| thirty days. If the sale of the motor vehicle does not cover
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0001| the cost of impounding, forfeiting and selling the motor
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0002| vehicle, the law enforcement agency may deduct the uncovered
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0003| portion of the cost from the proceeds of the next sale.
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0004| F. No motor vehicle shall be subject to forfeiture
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0005| when the owner of the motor vehicle establishes that the offense
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0006| of shooting at or from a motor vehicle pursuant to Subsection B
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0007| of Section 30-3-8 NMSA 1978 was committed without his knowledge
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0008| or consent. A forfeiture of a motor vehicle encumbered by a
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0009| recorded bona fide security interest shall be subject to the
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0010| interest of the secured party if the secured party did not have
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0011| knowledge of or did not consent to the offense of shooting at or
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0012| from a motor vehicle pursuant to Subsection B of Section 30-3-8
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0013| NMSA 1978] shall be seized and forfeited pursuant to the
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0014| provisions of the Forfeiture Act."
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0015| Section 16. Section 30-16B-9 NMSA 1978 (being Laws 1991,
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0016| Chapter 112, Section 9) is amended to read:
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0017| "30-16B-9. SEIZURE AND FORFEITURE--PROCEDURE.--[A.]
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0018| Property subject to forfeiture under the Unauthorized Recording
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0019| Act may be seized [by any enforcement officer upon an order
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0020| issued by the district court having jurisdiction.
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0021| B. Seizure without such an order may be made if:
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0022| (1) the seizure is incident to an arrest or
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0023| search under a valid search warrant or an inspection under an
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0024| administrative inspection warrant;
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0025| (2) the property subject to seizure has been
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0001| the subject of a prior judgment in favor of the state in an
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0002| injunction or forfeiture proceeding based upon the Unauthorized
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0003| Recording Act; or
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0004| (3) the enforcement officer has probable cause
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0005| to believe that the property was used or is intended to be used
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0006| in violation of the Unauthorized Recording Act.
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0007| C. In the event of seizure pursuant to Subsection A
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0008| of this section, proceedings under Subsection D of this section
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0009| and the Rules of Civil Procedure for the District Court shall be
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0010| instituted promptly and not later than thirty days after
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0011| seizure.
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0012| D. Property taken or detained under this section
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0013| shall not be subject to replevin but is deemed to be in the
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0014| custody of the seizing police department or agency subject only
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0015| to the orders and decrees of the district court. When property
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0016| is seized under the Unauthorized Recording Act, the enforcement
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0017| officer may:
|
0018| (1) place the property under seal; or
|
0019| (2) remove the property to a place designated
|
0020| by the court or head of the officer's department or agency for
|
0021| disposition in accordance with law.
|
0022| E. When property is forfeited under the Unauthorized
|
0023| Recording Act, the seizing police department or agency shall:
|
0024| (1) sell that which is not required to be
|
0025| destroyed by law and the proceeds shall revert to the general
|
0001| fund;
|
0002| (2) take custody of the property for use by law
|
0003| enforcement agencies in the enforcement of the Unauthorized
|
0004| Recording Act for disposition in accordance with law; or
|
0005| (3) forward property, the proceeds from the
|
0006| sale of which are not required to revert to the general fund, to
|
0007| the property control division of the general services department
|
0008| for disposition] and forfeited pursuant to the provisions of
|
0009| the Forfeiture Act."
|
0010| Section 17. Section 30-19-10 NMSA 1978 (being Laws 1963,
|
0011| Chapter 303, Section 19-10) is amended to read:
|
0012| "30-19-10. SEIZURE AND FORFEITURE OF PRIZES AND
|
0013| EQUIPMENT.--Any illegal gambling device or other illegal
|
0014| equipment of any type used in gambling [shall be seized by the
|
0015| law enforcement officers discovering such device or equipment
|
0016| and it shall be the duty of such officers to retain custody of
|
0017| the property seized until such property is disposed of by order
|
0018| of the district court. Upon proper application by the district
|
0019| attorney to the judge of the district court, the judge of the
|
0020| district court may by proper order direct the destruction of any
|
0021| gambling device, paraphernalia or equipment of any kind or
|
0022| character seized by law enforcement officers] may be seized
|
0023| and forfeited pursuant to the provisions of the Forfeiture
|
0024| Act."
|
0025| Section 18. Section 30-31-35 NMSA 1978 (being Laws 1972,
|
0001| Chapter 84, Section 34, as amended) is amended to read:
|
0002| "30-31-35. SEIZURE AND FORFEITURE--PROCEDURE.--[A.]
|
0003| Property subject to forfeiture and disposal under the Controlled
|
0004| Substances Act may be seized [by any enforcement officer upon
|
0005| an order issued by the district court having jurisdiction.
|
0006| B. Seizure without such an order may be made if:
|
0007| (1) the seizure is incident to an arrest or
|
0008| search under a search warrant or an inspection under an
|
0009| administrative inspection warrant;
|
0010| (2) the property subject to seizure has been
|
0011| the subject of a prior judgment in favor of the state in an
|
0012| injunction or forfeiture proceeding based upon the Controlled
|
0013| Substances Act;
|
0014| (3) the enforcement officer has probable cause
|
0015| to believe that the property, which is a controlled substance,
|
0016| is directly or indirectly dangerous to health or safety; or
|
0017| (4) the enforcement officer has probable cause
|
0018| to believe that the property was used or is intended to be used
|
0019| in violation of the Controlled Substances Act.
|
0020| C. In the event of seizure pursuant to Subsection A
|
0021| or Subsection B of this section, proceedings under Subsection D
|
0022| of this section and the Rules of Civil Procedure for the
|
0023| District Courts of New Mexico shall be instituted promptly and
|
0024| not later than thirty days after seizure.
|
0025| D. Property taken or detained under this section
|
0001| shall not be subject to replevin, but is deemed to be in the
|
0002| custody of the law enforcement agency seizing it subject only to
|
0003| the orders and decrees of the district court. When property is
|
0004| seized under the Controlled Substances Act, the enforcement
|
0005| officer may:
|
0006| (1) place the property under seal;
|
0007| (2) remove the property to a place designated
|
0008| by the enforcement officer; or
|
0009| (3) require the law enforcement agency to take
|
0010| custody of the property and remove it to an appropriate location
|
0011| for disposition in accordance with law.
|
0012| E. When property is forfeited under the Controlled
|
0013| Substances Act, the law enforcement agency seizing it shall:
|
0014| (1) sell that which is not required to be
|
0015| destroyed by law. The proceeds shall revert to the general fund
|
0016| of the state, county or municipality as the case may be;
|
0017| (2) take custody of the property for use by law
|
0018| enforcement agencies in the enforcement of the Controlled
|
0019| Substances Act or remove it for disposition in accordance with
|
0020| law; provided that where a motor vehicle has been seized by a
|
0021| municipal police department or a county sheriff's department
|
0022| with its respective jurisdictional boundaries, such department
|
0023| shall institute forfeiture proceedings; or
|
0024| (3) in case of property seized by the state
|
0025| police, forward property, the proceeds from the sale of which
|
0001| are not required to revert to the general fund, to the state
|
0002| police, bureau of narcotics for disposition; provided that motor
|
0003| vehicles seized by the state police may be loaned to the
|
0004| governor's organized crime prevention commission for use in
|
0005| undercover work, the entire cost of operating such vehicles to
|
0006| be borne by the governor's organized crime prevention
|
0007| commission] and forfeited pursuant to the provisions of the
|
0008| Forfeiture Act."
|
0009| Section 19. Section 30-31A-10 NMSA 1978 (being Laws 1983,
|
0010| Chapter 148, Section 10) is amended to read:
|
0011| "30-31A-10. SEIZURE AND FORFEITURE--PROCEDURE.--[A.]
|
0012| Property subject to forfeiture and disposal under the Imitation
|
0013| Controlled Substances Act may be seized [by any law enforcement
|
0014| officer upon an order issued by the district court having
|
0015| jurisdiction.
|
0016| B. Seizure without such an order may be made if:
|
0017| (1) the seizure is incident to an arrest or
|
0018| search under a search warrant; or
|
0019| (2) the property subject to seizure has been
|
0020| the subject of a prior judgment in favor of the state in an
|
0021| injunction or forfeiture proceeding based upon the Imitation
|
0022| Controlled Substances Act.
|
0023| C. In the event of seizure pursuant to Subsection A
|
0024| or B of this section, proceedings under Subsection D of this
|
0025| section and the rules of civil procedure for the district courts
|
0001| of New Mexico shall be instituted promptly and not later than
|
0002| thirty days after seizure.
|
0003| D. Property taken or detained under this section
|
0004| shall not be subject to replevin but is deemed to be in the
|
0005| custody of the law enforcement agency seizing it subject only to
|
0006| the orders and decrees of the district court. When property is
|
0007| seized under the Imitation Controlled Substances Act, the
|
0008| enforcement officer may:
|
0009| (1) place the property under seal;
|
0010| (2) remove the property to a place designated
|
0011| by the enforcement officer; or
|
0012| (3) require the law enforcement agency to take
|
0013| custody of the property and remove it to an appropriate location
|
0014| for disposition in accordance with law.
|
0015| E. When property is forfeited under the Imitation
|
0016| Controlled Substances Act, the law enforcement agency seizing it
|
0017| shall take custody of the property for use by law enforcement
|
0018| agencies in the enforcement of the Imitation Controlled
|
0019| Substances Act and the Controlled Substances Act and remove it
|
0020| for disposition in accordance with law] and forfeited pursuant
|
0021| to the provisions of the Forfeiture Act."
|
0022| Section 20. Section 30-42-4 NMSA 1978 (being Laws 1980,
|
0023| Chapter 40, Section 4) is amended to read:
|
0024| "30-42-4. PROHIBITED ACTIVITIES--PENALTIES--SEIZURE AND
|
0025| FORFEITURE.--
|
0001| A. It is unlawful for any person who has received
|
0002| any proceeds derived, directly or indirectly, from a pattern of
|
0003| racketeering activity in which the person has participated, to
|
0004| use or invest, directly or indirectly, any part of the proceeds
|
0005| or the proceeds derived from the investment or use thereof in
|
0006| the acquisition of any interest in, or the establishment or
|
0007| operation of, any enterprise. Whoever violates this subsection
|
0008| is guilty of a second degree felony.
|
0009| B. It is unlawful for any person to engage in a
|
0010| pattern of racketeering activity in order to acquire or
|
0011| maintain, directly or indirectly, any interest in or control of
|
0012| any enterprise. Whoever violates this subsection is guilty of a
|
0013| second degree felony.
|
0014| C. It is unlawful for any person employed by or
|
0015| associated with any enterprise to conduct or participate,
|
0016| directly or indirectly, in the conduct of [such] the
|
0017| enterprise's affairs by engaging in a pattern of racketeering
|
0018| activity. Whoever violates this subsection is guilty of a
|
0019| second degree felony.
|
0020| D. It is unlawful for any person to conspire to
|
0021| violate any of the provisions of Subsections A through C of this
|
0022| section. Whoever violates this subsection is guilty of a third
|
0023| degree felony.
|
0024| E. Whoever violates Subsection A, B, C or D of this
|
0025| section in addition to the prescribed penalties shall forfeit to
|
0001| the state of New Mexico:
|
0002| (1) any interest acquired or maintained in
|
0003| violation of the Racketeering Act; and
|
0004| (2) any interest in, security of, claim against
|
0005| or property or contractual right of any kind affording a source
|
0006| of influence over any enterprise [which] that he has
|
0007| established, operated, controlled, conducted or participated in
|
0008| the conduct of in violation of the Racketeering Act.
|
0009| F. In any action brought by the state under the
|
0010| Racketeering Act, [the district court shall have jurisdiction
|
0011| to enter such restraining orders or prohibitions, or to take
|
0012| such other actions, including but not limited to the acceptance
|
0013| of satisfactory performance bonds, in connection with any
|
0014| property or other interest subject to forfeiture under this
|
0015| section, as it shall deem proper.
|
0016| G. Upon conviction of a person under this section,
|
0017| the court shall authorize the attorney general or the district
|
0018| attorney to seize all property or other interest declared
|
0019| forfeited under this section upon such terms and conditions as
|
0020| the court shall deem proper, making due provision for the rights
|
0021| of innocent persons. If a property right or other interest is
|
0022| not exercisable or transferable for value by the convicted
|
0023| person, it shall expire and shall not revert to the convicted
|
0024| person] seizure and forfeiture of property shall be in
|
0025| accordance with the provisions of the Forfeiture Act."
|
0001| Section 21. Section 30-45-7 NMSA 1978 (being Laws 1989,
|
0002| Chapter 215, Section 7) is amended to read:
|
0003| "30-45-7. SEIZURE AND FORFEITURE OF PROPERTY.--
|
0004| A. The following are subject to seizure and
|
0005| forfeiture:
|
0006| (1) all computer property, equipment or
|
0007| products of any kind [which] that have been used,
|
0008| manufactured, acquired or distributed in violation of the
|
0009| Computer Crimes Act;
|
0010| [(2) all materials, products and equipment of
|
0011| any kind which are used or intended for use in manufacturing,
|
0012| using, accessing, altering, disrupting, copying, concealing,
|
0013| destroying, transferring, delivering, importing or exporting any
|
0014| computer property or computer service in violation of the
|
0015| Computer Crimes Act;
|
0016| (3)] (2) all books, records and research
|
0017| products and materials involving formulas, microfilm, tapes and
|
0018| data [which] that are used or intended for use in violation
|
0019| of the Computer Crimes Act; and
|
0020| [(4) all conveyances, including aircraft,
|
0021| vehicles or vessels, which are used or intended for use to
|
0022| transport or in any manner to facilitate the transportation of
|
0023| property described in subsection A, B or C of this section for
|
0024| the purpose of violating the Computer Crimes Act;
|
0025| (5) all property, real, personal or mixed,
|
0001| which has been used or intended for use, maintained or acquired
|
0002| in violation of the Computer Crimes Act; and
|
0003| (6)] (3) all money or proceeds that
|
0004| constitute an instrumentality or derive from a violation of the
|
0005| Computer Crimes Act.
|
0006| [B. Notwithstanding the provisions of Paragraphs
|
0007| (1) through (6) of Subsection A of this section:
|
0008| (1) no conveyance used by any person as a
|
0009| common carrier in the transaction of business as a common
|
0010| carrier is subject to forfeiture under this section unless it
|
0011| appears that the owner or other person in charge of the
|
0012| conveyance is a consenting party to a violation of the Computer
|
0013| Crimes Act;
|
0014| (2) no conveyance, computer property, equipment
|
0015| or other material is subject to forfeiture under this section by
|
0016| reason of any act or omission established by the owner to have
|
0017| been committed or omitted without his knowledge or consent;
|
0018| (3) a conveyance, computer property, equipment
|
0019| or other material is not subject to forfeiture for a violation
|
0020| of law the penalty for which is a misdemeanor or petty
|
0021| misdemeanor; and
|
0022| (4) a forfeiture of a conveyance, computer
|
0023| property, equipment or material encumbered by a bona fide
|
0024| security interest shall be subject to the interest of a secured
|
0025| party if the secured party neither had knowledge of nor
|
0001| consented to the act or omission.
|
0002| C.] B. Property subject to seizure and
|
0003| forfeiture [and disposal] under the Computer Crimes Act [may
|
0004| be seized by any law enforcement officer upon an order issued by
|
0005| the district court having jurisdiction.
|
0006| D. Seizure without such an order may be made if:
|
0007| (1) the seizure is incident to an arrest or
|
0008| search under a search warrant;
|
0009| (2) the property subject to seizure had been
|
0010| the subject of a prior judgment in favor of the state in an
|
0011| injunction or forfeiture proceeding based upon the Computer
|
0012| Crimes Act; or
|
0013| (3) the enforcement officer has probable cause
|
0014| to believe that the property, whether real, personal or mixed,
|
0015| was used or intended for use, maintained or acquired in
|
0016| violation of the Computer Crimes Act.
|
0017| E. In the event of a seizure pursuant to Subsection
|
0018| C or Subsection D of this section, a proceeding under the
|
0019| Computer Crimes Act and the rules of civil procedure for the
|
0020| district courts shall be instituted promptly and not later than
|
0021| thirty days after seizure. The proceeding to forfeit property
|
0022| under the Computer Crimes Act is against the property and not
|
0023| against the owner or any other person. It is in rem wholly and
|
0024| not in personam. It is a civil case and not a criminal
|
0025| proceeding. The forfeiture proceeding is required, not to
|
0001| complete the forfeiture, but to prove the illegal use for which
|
0002| the forfeiture was suffered.
|
0003| F. Except as otherwise specifically provided by law,
|
0004| whenever any property is forfeited to the state by reason of the
|
0005| violation of any law, the court by which the offender is
|
0006| convicted shall order the sale or other disposition of the
|
0007| property and the proceeds of any such sale as provided for in
|
0008| this section are subject to the court making due provisions for
|
0009| the rights of innocent persons and the legitimate rights to
|
0010| restitution on behalf of actual victims of the criminal acts.
|
0011| G. Property taken or detained under this section
|
0012| shall not be subject to replevin but is deemed to be in the
|
0013| custody of the law enforcement agency seizing it, subject only
|
0014| to the orders and decrees of the district court. When property
|
0015| is seized under the Computer Crimes Act, the enforcement officer
|
0016| may:
|
0017| (1) place the property under seal;
|
0018| (2) remove the property to a place designated
|
0019| by the law enforcement officer or by the district court; or
|
0020| (3) require the law enforcement agency to take
|
0021| custody of the property and remove it to an appropriate location
|
0022| for disposition in accordance with law.
|
0023| H. When property is forfeited under the Computer
|
0024| Crimes Act, the law enforcement agency seizing it shall:
|
0025| (1) deliver custody of the property to the
|
0001| information systems council attached to the general services
|
0002| department. The council, based upon a plan, shall advertise and
|
0003| make available the forfeited property to state agencies and
|
0004| political subdivisions of the state based upon a demonstrated
|
0005| need and plan of use for that property. The information systems
|
0006| council shall advertise and make the forfeited property
|
0007| available by bid for a minimum of one hundred twenty days and
|
0008| dispose of that property within another sixty days. All
|
0009| proceeds from the sale of forfeited property shall be deposited
|
0010| in the general fund; or
|
0011| (2) where the court orders the property to be
|
0012| sold, the proceeds of the sale shall be paid into the general
|
0013| fund] may be seized and forfeited pursuant to the provisions
|
0014| of the Forfeiture Act."
|
0015| Section 22. Section 60-7A-4.1 NMSA 1978 (being Laws 1985,
|
0016| Chapter 179, Section 1, as amended) is amended to read:
|
0017| "60-7A-4.1. UNLAWFUL SALE OF ALCOHOLIC BEVERAGES--CRIMINAL
|
0018| PENALTY--SEIZURE AND FORFEITURE.--
|
0019| A. It is unlawful for any person to sell or attempt
|
0020| to sell alcoholic beverages at any place other than a licensed
|
0021| premises or as otherwise provided by the Liquor Control Act.
|
0022| B. Any person who violates the provisions of
|
0023| Subsection A of this section is guilty of a fourth degree
|
0024| felony.
|
0025| C. Any conveyance used or intended to be used for
|
0001| the purpose of unlawful sale of alcoholic beverages or money
|
0002| [which] that is the fruit or instrumentality of the crime
|
0003| may be seized and [upon conviction, in the discretion of the
|
0004| court, be forfeited and disposed of under the procedures set
|
0005| forth in Section 30-31-35 NMSA 1978] forfeited pursuant to the
|
0006| provisions of the Forfeiture Act."
|
0007| Section 23. EFFECTIVE DATE.--The effective date of the
|
0008| provisions of this act is July 1, 1996.
|
0009|
|
0010|
|
0011|
|
0012| FORTY-SECOND LEGISLATURE
|
0013| SECOND SESSION, 1996
|
0014|
|
0015|
|
0016| JANUARY 18, 1996
|
0017|
|
0018| Mr. President:
|
0019|
|
0020| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0021|
|
0022| SENATE BILL 10
|
0023|
|
0024| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0025| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE
|
0001| JUDICIARY COMMITTEE.
|
0002|
|
0003| Respectfully submitted,
|
0004|
|
0005|
|
0006|
|
0007|
|
0008| __________________________________
|
0009| SENATOR MANNY M. ARAGON, Chairman
|
0010|
|
0011|
|
0012|
|
0013| Adopted_______________________ Not Adopted_______________________
|
0014| (Chief Clerk) (Chief Clerk)
|
0015|
|
0016|
|
0017| Date ________________________
|
0018|
|
0019|
|
0020|
|
0021| The roll call vote was For Against
|
0022| Yes:
|
0023| No:
|
0024| Excused:
|
0025| Absent:
|
0001|
|
0002|
|
0003| S0010CC1
|
0004|
|
0005| FORTY-SECOND LEGISLATURE
|
0006| SECOND SESSION, 1996
|
0007|
|
0008|
|
0009| JANUARY 18, 1996
|
0010|
|
0011| Mr. President:
|
0012|
|
0013| Your COMMITTEES' COMMITTEE, to whom has been referred
|
0014|
|
0015| SENATE BILL 12
|
0016|
|
0017| has had it under consideration and finds same to be GERMANE, PURSUANT
|
0018| TO CONSTITUTIONAL PROVISIONS, and thence referred to the SENATE
|
0019| FINANCE COMMITTEE.
|
0020|
|
0021| Respectfully submitted,
|
0022|
|
0023|
|
0024|
|
0025|
|
0001| __________________________________
|
0002| SENATOR MANNY M. ARAGON, Chairman
|
0003|
|
0004|
|
0005|
|
0006| Adopted_______________________ Not Adopted_______________________
|
0007| (Chief Clerk) (Chief Clerk)
|
0008|
|
0009|
|
0010| Date ________________________
|
0011|
|
0012|
|
0013|
|
0014| The roll call vote was For Against
|
0015| Yes:
|
0016| No:
|
0017| Excused:
|
0018| Absent:
|
0019|
|
0020|
|
0021| SOO12CC1
|
0022|
|
0023| FORTY-SECOND LEGISLATURE SB 10/a
|
0024| SECOND SESSION, 1996
|
0025|
|
0001|
|
0002| January 29, 1996
|
0003|
|
0004| Mr. President:
|
0005|
|
0006| Your JUDICIARY COMMITTEE, to whom has been referred
|
0007|
|
0008| SENATE BILL 10
|
0009|
|
0010| has had it under consideration and reports same with recommendation that
|
0011| it DO PASS, amended as follows:
|
0012|
|
0013| 1. On page 3, line 8, after the semicolon strike the remainder of
|
0014| the line and lines 9 and 10 and insert in lieu thereof "any forfeiture
|
0015| proceeding shall be brought in the same proceeding as the criminal
|
0016| matter; however, the two issues shall be bifurcated and presented to the
|
0017| same jury; and".
|
0018|
|
0019| and thence referred to the FINANCE COMMITTEE.
|
0020|
|
0021| Respectfully submitted,
|
0022|
|
0023|
|
0024|
|
0025| __________________________________
|
0001| Janice D. Paster, Chairman
|
0002|
|
0003|
|
0004|
|
0005| Adopted_______________________ Not Adopted_______________________
|
0006| (Chief Clerk) (Chief Clerk)
|
0007|
|
0008|
|
0009| Date ________________________
|
0010|
|
0011|
|
0012| The roll call vote was 5 For 1 Against
|
0013| Yes: 5
|
0014| No: Reagan
|
0015| Excused: Carraro, Stefanics, Vernon
|
0016| Absent: None
|
0017|
|
0018|
|
0019|
|
0020| S0010JU1
|
0021|
|
0022| FORTY-SECOND LEGISLATURE SB 10/a
|
0023| SECOND SESSION, 1996
|
0024|
|
0025|
|
0001| February 3, 1996
|
0002|
|
0003| Mr. President:
|
0004|
|
0005| Your FINANCE COMMITTEE, to whom has been referred
|
0006|
|
0007| SENATE BILL 10, as amended
|
0008|
|
0009| has had it under consideration and reports same with recommendation that
|
0010| it DO PASS, amended as follows:
|
0011|
|
0012| 1. Strike Senate Judiciary Committee Amendment 1.
|
0013|
|
0014| 2. On page 5, line 1, strike "an officer having made" and insert
|
0015| in lieu thereof "a law enforcement agency making".
|
0016|
|
0017| 3. On page 5, line 2, strike "ten" and insert in lieu thereof
|
0018| "thirty".
|
0019|
|
0020| 4. On page 5, line 6, strike "officer" and insert in lieu thereof
|
0021| "law enforcement agency".
|
0022|
|
0023| 5. On page 8, line 1, strike "one thousand dollars ($1,000)" and
|
0024| insert in lieu thereof "ten thousand dollars ($10,000)".
|
0025|
|
0001| 6. On page 11, strike lines 3 and 4 in their entirety.
|
0002|
|
0003| 7. Reletter the succeeding subsection accordingly.
|
0004|
|
0005| 8. On page 12, line 15, strike "shall" and insert in lieu thereof
|
0006| "may".
|
0007|
|
0008| 9. On page 16, line 16, after the period insert:
|
0009|
|
0010| "Notwithstanding the provisions of the Forfeiture Act
|
0011| regarding the disposition of forfeited property, when proceeds from a
|
0012| court-ordered sale of forfeited property are derived from a violation of
|
0013| cultural property, the proceeds from the sale shall be used for
|
0014| restoration, stabilization, protection and preservation of the cultural
|
0015| property. Any proceeds remaining shall be deposited in the general
|
0016| fund.".
|
0017|
|
0018|
|
0019|
|
0020| Respectfully submitted,
|
0021|
|
0022|
|
0023|
|
0024| __________________________________
|
0025| Ben D. Altamirano, Chairman
|
0001|
|
0002|
|
0003|
|
0004| Adopted_______________________ Not Adopted_______________________
|
0005| (Chief Clerk) (Chief Clerk)
|
0006|
|
0007|
|
0008| Date ________________________
|
0009|
|
0010|
|
0011| The roll call vote was 8 For 0 Against
|
0012| Yes: 8
|
0013| No: 0
|
0014| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar
|
0015| Absent: None
|
0016|
|
0017|
|
0018| S0010FC1 .111656.3
|
0019|
|
0020| State of New Mexico
|
0021| House of Representatives
|
0022|
|
0023| FORTY-SECOND LEGISLATURE
|
0024| SECOND SESSION, 1996
|
0025|
|
0001|
|
0002| February 12, 1996
|
0003|
|
0004|
|
0005| Mr. Speaker:
|
0006|
|
0007| Your JUDICIARY COMMITTEE, to whom has been referred
|
0008|
|
0009| SENATE BILL 10, as amended
|
0010|
|
0011| has had it under consideration and reports same with
|
0012| recommendation that it DO PASS, and thence referred to
|
0013| APPROPRIATION AND FINANCE COMMITTEE.
|
0014|
|
0015| Respectfully submitted,
|
0016|
|
0017|
|
0018|
|
0019|
|
0020| Cisco McSorley, Chairman
|
0021|
|
0022|
|
0023| Adopted Not Adopted
|
0024| (Chief Clerk) (Chief Clerk)
|
0025|
|
0001| Date
|
0002|
|
0003| The roll call vote was 9 For 1 Against
|
0004| Yes: 9
|
0005| No: Christensen
|
0006| Excused: Alwin, Gubbels, Sanchez, R.G.
|
0007| Absent: None
|
0008|
|
0009|
|
0010|
|
0011| S0010JC1 State of New Mexico
|
0012| House of Representatives
|
0013|
|
0014| FORTY-SECOND LEGISLATURE
|
0015| SECOND SESSION, 1996
|
0016|
|
0017|
|
0018| February 13, 1996
|
0019|
|
0020|
|
0021| Mr. Speaker:
|
0022|
|
0023| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has
|
0024| been referred
|
0025|
|
0001| SENATE BILL 10, as amended
|
0002|
|
0003| has had it under consideration and reports same with
|
0004| recommendation that it DO PASS.
|
0005|
|
0006| Respectfully submitted,
|
0007|
|
0008|
|
0009|
|
0010|
|
0011| Max Coll, Chairman
|
0012|
|
0013|
|
0014| Adopted Not Adopted
|
0015| (Chief Clerk) (Chief Clerk)
|
0016|
|
0017| Date
|
0018|
|
0019| The roll call vote was 11 For 7 Against
|
0020| Yes: 11
|
0021| No: Casey, Gentry, Knowles, Light, Martinez, Townsend, Wallace
|
0022| Excused: None
|
0023| Absent: None
|
0024|
|
0025|
|
0001|
|
0002| S0010AF1 State of New Mexico
|
0003| House of Representatives
|
0004|
|
0005| FORTY-SECOND LEGISLATURE
|
0006| SECOND SESSION, 1996
|
0007|
|
0008|
|
0009| February 13, 1996
|
0010|
|
0011|
|
0012| Mr. Speaker:
|
0013|
|
0014| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom has
|
0015| been referred
|
0016|
|
0017| SENATE BILL 10, as amended
|
0018|
|
0019| has had it under consideration and reports same with
|
0020| recommendation that it DO PASS.
|
0021|
|
0022| Respectfully submitted,
|
0023|
|
0024|
|
0025|
|
0001|
|
0002| Max Coll, Chairman
|
0003|
|
0004|
|
0005| Adopted Not Adopted
|
0006| (Chief Clerk) (Chief Clerk)
|
0007|
|
0008| Date
|
0009|
|
0010| The roll call vote was 11 For 7 Against
|
0011| Yes: 11
|
0012| No: Casey, Gentry, Knowles, Light, Martinez, Townsend, Wallace
|
0013| Excused: None
|
0014| Absent: None
|
0015|
|
0016|
|
0017|
|
0018| S0010AF1
|