0001| HOUSE BILL 93
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| R. DAVID PEDERSON
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0005|
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0006|
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0007|
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0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO CRIMINAL LAW; REVISING CRIMINAL PENALTIES FOR
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0012| FRAUDULENT REFUSAL TO RETURN A LEASED VEHICLE OR OTHER LEASED
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0013| PERSONAL PROPERTY; REVISING CRIMINAL PENALTIES FOR UNLAWFUL
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0014| TAKING OF A VEHICLE OR MOTOR VEHICLE.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 30-16-40 NMSA 1978 (being Laws 1973,
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0018| Chapter 154, Section 1, as amended) is amended to read:
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0019| "30-16-40. FRAUDULENT REFUSAL TO RETURN A LEASED VEHICLE
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0020| OR OTHER PERSONAL PROPERTY--PENALTY--PRESUMPTION.--
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0021| A. Any person who, after leasing a vehicle or
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0022| other personal property under a written agreement which
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0023| provides for the return of the vehicle or personal property to
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0024| a particular place at a particular time and who, with intent
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0025| to defraud the lessor of the vehicle or personal property,
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0001| fails to return the vehicle or personal property to the place
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0002| within the time specified, is guilty:
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0003| (1) [of a fourth degree felony if the
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property is a vehicle or has a value in excess of one hundred
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dollars ($100); or
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(2)] of a petty misdemeanor if the property
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0007| is not a vehicle and has a value of one hundred dollars ($100)
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0008| or less;
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0009| (2) of a fourth degree felony if the
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0010| property is not a vehicle and has a value of more than one
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0011| hundred dollars ($100) but less than two thousand five hundred
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0012| dollars ($2,500);
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0013| (3) of a fourth degree felony if the vehicle
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0014| has a value of less than two thousand five hundred dollars
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0015| ($2,500); and
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0016| (4) of a third degree felony if the property
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0017| or vehicle has a value of two thousand five hundred dollars
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0018| ($2,500) or more.
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0019| B. Failure of the lessee to return the vehicle or
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0020| personal property to the place specified within seventy-two
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0021| hours after mailing to him by certified mail at his address
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0022| shown on the leasing agreement [of] a written demand to
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0023| return the vehicle or personal property shall raise a
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0024| rebuttable presumption that the failure to return the vehicle
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0025| or personal property was with intent to defraud."
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0001|
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0002| Section 2. Section 66-3-504 NMSA 1978 (being Laws 1978,
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0003| Chapter 35, Section 91) is amended to read:
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0004| "66-3-504. UNLAWFUL TAKING OF A VEHICLE OR MOTOR
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0005| VEHICLE.--
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0006| A. Any person who [shall take] takes any
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0007| vehicle or motor vehicle intentionally and without consent of
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0008| the owner [thereof shall be] is guilty: [of a felony]
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0009| (1) of a fourth degree felony if the vehicle
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0010| or motor vehicle has a value of less than two thousand five
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0011| hundred dollars ($2,500); and
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0012| (2) of a third degree felony if the vehicle
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0013| or motor vehicle has a value of two thousand five hundred
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0014| dollars ($2,500) or more.
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0015| B. The consent of the owner of the vehicle or
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0016| motor vehicle to its taking shall not in any case be presumed
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0017| or implied because of [such] the owner's consent on a
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0018| previous occasion to the taking of [such] the vehicle or
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0019| motor vehicle by the same or a different person.
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0020| [B.] C. The district courts are [hereby]
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0021| given exclusive jurisdiction to hear and try offenses
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0022| prescribed under this section.
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0023| [C.] D. Nothing in this section shall be
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0024| construed to prohibit the holder of a lien duly recorded with
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0025| the division from taking possession of a vehicle to which
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0001| possession [said] the lienholder is legally entitled under
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0002| the provisions of the instrument evidencing [such] the
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0003| lien. A holder of a duly recorded lien who takes possession
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0004| of a vehicle without the knowledge of the owner of [such]
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0005| the vehicle shall immediately notify the local police
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0006| authority of the fact that he has taken possession of the
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0007| vehicle."
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0008| Section 3. EFFECTIVE DATE.--The effective date of the
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0009| provisions of this act is July 1, 1998.
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0010|
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