0001| SENATE BILL 178
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
|
0003| INTRODUCED BY
|
0004| CISCO McSORLEY
|
0005|
|
0006|
|
0007|
|
0008| FOR THE COURTS, CORRECTIONS AND CRIMINAL JUSTICE COMMITTEE
|
0009|
|
0010| AN ACT
|
0011| RELATING TO CRIMINAL LAW; REVISING CRIMINAL PENALTIES FOR
|
0012| FRAUDULENT REFUSAL TO RETURN A LEASED VEHICLE OR OTHER LEASED
|
0013| PERSONAL PROPERTY; REVISING CRIMINAL PENALTIES FOR UNLAWFUL
|
0014| TAKING OF A VEHICLE OR MOTOR VEHICLE.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 30-16-40 NMSA 1978 (being Laws 1973,
|
0018| Chapter 154, Section 1, as amended) is amended to read:
|
0019| "30-16-40. FRAUDULENT REFUSAL TO RETURN A LEASED VEHICLE
|
0020| OR OTHER PERSONAL PROPERTY--PENALTY--PRESUMPTION.--
|
0021| A. Any person who, after leasing a vehicle or
|
0022| other personal property under a written agreement which
|
0023| provides for the return of the vehicle or personal property to
|
0024| a particular place at a particular time and who, with intent
|
0025| to defraud the lessor of the vehicle or personal property,
|
- 1 -
0001| fails to return the vehicle or personal property to the place
|
0002| within the time specified, is guilty:
|
0003| (1) [of a fourth degree felony if the
|
property is a vehicle or has a value in excess of one hundred
|
dollars ($100); or
|
(2)] of a petty misdemeanor if the property
|
0007| is not a vehicle and has a value of one hundred dollars ($100)
|
0008| or less;
|
0009| (2) of a fourth degree felony if the
|
0010| property is not a vehicle and has a value of more than one
|
0011| hundred dollars ($100) but less than two thousand five hundred
|
0012| dollars ($2,500);
|
0013| (3) of a fourth degree felony if the vehicle
|
0014| has a value of less than two thousand five hundred dollars
|
0015| ($2,500); and
|
0016| (4) of a third degree felony if the property
|
0017| or vehicle has a value of two thousand five hundred dollars
|
0018| ($2,500) or more.
|
0019| B. Failure of the lessee to return the vehicle or
|
0020| personal property to the place specified within seventy-two
|
0021| hours after mailing to him by certified mail at his address
|
0022| shown on the leasing agreement [of] a written demand to
|
0023| return the vehicle or personal property shall raise a
|
0024| rebuttable presumption that the failure to return the vehicle
|
0025| or personal property was with intent to defraud."
|
- 2 -
0001|
|
0002| Section 2. Section 66-3-504 NMSA 1978 (being Laws 1978,
|
0003| Chapter 35, Section 91) is amended to read:
|
0004| "66-3-504. UNLAWFUL TAKING OF A VEHICLE OR MOTOR
|
0005| VEHICLE.--
|
0006| A. Any person who [shall take] takes any
|
0007| vehicle or motor vehicle intentionally and without consent of
|
0008| the owner [thereof shall be] is guilty: [of a felony]
|
0009| (1) of a fourth degree felony if the vehicle
|
0010| or motor vehicle has a value of less than two thousand five
|
0011| hundred dollars ($2,500); and
|
0012| (2) of a third degree felony if the vehicle
|
0013| or motor vehicle has a value of two thousand five hundred
|
0014| dollars ($2,500) or more.
|
0015| B. The consent of the owner of the vehicle or
|
0016| motor vehicle to its taking shall not in any case be presumed
|
0017| or implied because of [such] the owner's consent on a
|
0018| previous occasion to the taking of [such] the vehicle or
|
0019| motor vehicle by the same or a different person.
|
0020| [B.] C. The district courts are [hereby]
|
0021| given exclusive jurisdiction to hear and try offenses
|
0022| prescribed under this section.
|
0023| [C.] D. Nothing in this section shall be
|
0024| construed to prohibit the holder of a lien duly recorded with
|
0025| the division from taking possession of a vehicle to which
|
- 3 -
0001| possession [said] the lienholder is legally entitled under
|
0002| the provisions of the instrument evidencing [such] the
|
0003| lien. A holder of a duly recorded lien who takes possession
|
0004| of a vehicle without the knowledge of the owner of [such]
|
0005| the vehicle shall immediately notify the local police
|
0006| authority of the fact that he has taken possession of the
|
0007| vehicle."
|
0008| Section 3. EFFECTIVE DATE.--The effective date of the
|
0009| provisions of this act is July 1, 1998.
|
0010|
|