44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO CRIMINAL LAW; PROVIDING PENALTIES FOR EMBEZZLING A MOTOR VEHICLE; AMENDING A SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 66-3-504 NMSA 1978 (being Laws 1978, Chapter 35, Section 91, as amended) is amended to read:

"66-3-504. [UNLAWFUL] TAKING OR EMBEZZLING OF A VEHICLE OR MOTOR VEHICLE.--

A. Any person who takes or embezzles any vehicle or motor vehicle intentionally and without consent of the owner is guilty:

(1) of a fourth degree felony if the vehicle or motor vehicle has a value of less than two thousand five hundred dollars ($2,500); and

(2) of a third degree felony if the vehicle or motor vehicle has a value of two thousand five hundred dollars ($2,500) or more.

B. The consent of the owner of the vehicle or motor vehicle to its taking or embezzling shall not in any case be presumed or implied because of the owner's consent on a previous occasion to the taking of the vehicle or motor vehicle by the same or a different person.

C. The district courts are given exclusive jurisdiction to hear and try offenses prescribed under this section.

D. Nothing in this section shall be construed to prohibit the holder of a lien duly recorded with the [division] department from taking possession of a vehicle to which possession the lienholder is legally entitled under the provisions of the instrument evidencing the lien. A holder of a duly recorded lien who takes possession of a vehicle without the knowledge of the owner of the vehicle shall immediately notify the local police authority of the fact that he has taken possession of the vehicle."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.