0001|                           SENATE BILL 178
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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|                            CISCO McSORLEY
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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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0004|     property is a vehicle or has a value in excess of one hundred
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0005|     dollars ($100); or
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0006|                    (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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