0001|                           SENATE BILL 186
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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|                           SHANNON ROBINSON
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0005|     
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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 CRIMINAL LAW; EXPANDING THE LIST OF PREDICATE
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0012|     OFFENSES FOR THE CRIME OF RACKETEERING; AMENDING A SECTION OF
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0013|     THE RACKETEERING ACT.
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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.  Section 30-42-3 NMSA 1978 (being Laws 1980,
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0017|     Chapter 40, Section 3, as amended) is amended to read:
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0018|          "30-42-3.  DEFINITIONS.--As used in the Racketeering Act:
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0019|               A.  "racketeering" means any act which is
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0020|     chargeable or indictable under the laws of New Mexico and
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0021|     punishable by imprisonment for more than one year, involving
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0022|     any of the following cited offenses:
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0023|                    (1)  murder, as provided in Section 30-2-1
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0024|     NMSA 1978;
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0025|                    (2)  robbery, as provided in Section 30-16-2
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0001|     NMSA 1978;
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0002|                    (3)  kidnapping, as provided in Section 30-4-1
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0003|     NMSA 1978;
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0004|                    (4)  forgery, as provided in Section 30-16-10
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0005|     NMSA 1978;
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0006|                    (5)  larceny, as provided in Section 30-16-1
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0007|     NMSA 1978;
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0008|                    (6)  fraud, as provided in Section 30-16-6
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0009|     NMSA 1978;
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0010|                    (7)  embezzlement, as provided in Section 
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0011|     30-16-8 NMSA 1978;
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0012|                    (8)  receiving stolen property, as provided in
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0013|     Section 30-16-11 NMSA 1978;
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0014|                    (9)  bribery, as provided in Sections 30-24-1
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0015|     through 30-24-3 NMSA 1978;
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0016|                    (10)  gambling, as provided in Sections 
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0017|     30-19-3, 30-19-13 and 30-19-15 NMSA 1978;
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0018|                    (11)  illegal kickbacks, as provided in
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0019|     Sections 30-41-1 and 30-41-2 NMSA 1978;
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0020|                    (12)  extortion, as provided in Section 
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0021|     30-16-9 NMSA 1978;
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0022|                    (13)  trafficking in controlled substances, as
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0023|     provided in Section 30-31-20 NMSA 1978;
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0024|                    (14)  arson and aggravated arson, as provided
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0025|     in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA
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0001|     1978;
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0002|                    (15)  promoting prostitution, as provided in
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0003|     Section 30-9-4 NMSA 1978;
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0004|                    (16)  criminal solicitation, as provided in
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0005|     Section 30-28-3 NMSA 1978;
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0006|                    (17)  fraudulent securities practices, as
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0007|     provided in the New Mexico Securities Act of 1986;
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0008|                    (18)  loan sharking, as provided in Sections
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0009|     30-43-1 through 30-43-5 NMSA 1978; ~[and]~
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0010|                    (19)  distribution of controlled substances or
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0011|     controlled substance analogues as provided ~[for]~ in Sections 
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0012|     30-31-21 and 30-31-22 NMSA 1978;||
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0013|                    |(20)  unlawful taking of a vehicle or a motor
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0014|     vehicle, as provided in Section 66-3-504 NMSA 1978;
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0015|                    (21)  receiving or transferring stolen
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0016|     vehicles or motor vehicles, as provided in Section 66-3-505
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0017|     NMSA 1978; and
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0018|                    (22)  altering or changing engine numbers or
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0019|     other motor vehicle numbers, as provided in Section 66-3-508
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0020|     NMSA 1978;|
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0021|               B.  "person" ~[includes]~ |means| any individual or
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0022|     entity capable of holding a legal or beneficial interest in
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0023|     property;
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0024|               C.  "enterprise" means any sole proprietorship,
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0025|     partnership, corporation, business, labor union, association
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0001|     or other legal entity or any group of individuals associated
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0002|     in fact although not a legal entity and includes illicit as
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0003|     well as licit entities; and
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0004|               D.  "pattern of racketeering activity" means
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0005|     engaging in at least two incidents of racketeering with the
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0006|     intent of accomplishing any of the prohibited activities set
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0007|     forth in Subsections A through D of Section 30-42-4 NMSA 1978;
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0008|     provided at least one of ~[such]~ |the| incidents occurred
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0009|     after the effective date of the Racketeering Act and the last
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0010|     ~[of which]~ |incident| occurred within five years after the
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0011|     commission of a prior incident of racketeering."
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0012|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0013|     provisions of this act is July 1, 1998.
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0014|                              
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