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

RELATING TO CRIMINAL LAW; ADDING CRIMINAL OFFENSES INVOLVING AUTO THEFT TO THE LIST OF PREDICATE OFFENSES FOR THE CRIME OF RACKETEERING; INCREASING PENALTIES FOR OFFENSES INVOLVING AUTO THEFT; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 30-42-3 NMSA 1978 (being Laws 1980, Chapter 40, Section 3, as amended) is amended to read:

"30-42-3. DEFINITIONS.--As used in the Racketeering Act:

A. "racketeering" means any act that is chargeable or indictable under the laws of New Mexico and punishable by imprisonment for more than one year, involving any of the following cited offenses:

(1) murder, as provided in Section 30-2-1 NMSA 1978;

(2) robbery, as provided in Section 30-16-2 NMSA 1978;

(3) kidnapping, as provided in Section 30-4-1 NMSA 1978;

(4) forgery, as provided in Section 30-16-10 NMSA 1978;

(5) larceny, as provided in Section 30-16-1 NMSA 1978;

(6) fraud, as provided in Section 30-16-6 NMSA 1978;

(7) embezzlement, as provided in Section 30-16-8 NMSA 1978;

(8) receiving stolen property, as provided in Section 30-16-11 NMSA 1978;

(9) bribery, as provided in Sections 30-24-1 through 30-24-3 NMSA 1978;

(10) gambling, as provided in Sections 30-19-3, 30-19-13 and 30-19-15 NMSA 1978;

(11) illegal kickbacks, as provided in Sections 30-41-1 and 30-41-2 NMSA 1978;

(12) extortion, as provided in Section 30-16-9 NMSA 1978;

(13) trafficking in controlled substances, as provided in Section 30-31-20 NMSA 1978;

(14) arson and aggravated arson, as provided in Subsection A of Section 30-17-5 and Section 30-17-6 NMSA 1978;

(15) promoting prostitution, as provided in Section 30-9-4 NMSA 1978;

(16) criminal solicitation, as provided in Section 30-28-3 NMSA 1978;

(17) fraudulent securities practices, as provided in the New Mexico Securities Act of 1986;

(18) loan sharking, as provided in Sections 30-43-1 through 30-43-5 NMSA 1978;

(19) distribution of controlled substances or controlled substance [analogues] analogs, as provided in Sections 30-31-21 and 30-31-22 NMSA 1978; [and]

(20) a violation of the provisions of Section [4 of the Money Laundering Act] 30-51-4 NMSA 1978;

(21) unlawful taking of a vehicle or a motor vehicle, as provided in Section 66-3-504 NMSA 1978;

(22) receiving or transferring stolen vehicles or motor vehicles, as provided in Section 66-3-505 NMSA 1978; and

(23) altering or changing engine numbers or other motor vehicle numbers, as provided in Section 66-3-508 NMSA 1978;

B. "person" means an individual or entity capable of holding a legal or beneficial interest in property;

C. "enterprise" means a sole proprietorship, partnership, corporation, business, labor union, association or other legal entity or a group of individuals associated in fact although not a legal entity and includes illicit as well as licit entities; and

D. "pattern of racketeering activity" means engaging in at least two incidents of racketeering with the intent of accomplishing any of the prohibited activities set forth in Subsections A through D of Section 30-42-4 NMSA 1978; provided at least one of the incidents occurred after [the effective date of the Racketeering Act] February 28, 1980 and the last incident occurred within five years after the commission of a prior incident of racketeering."

Section 2. 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] and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

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 3. Section 66-3-505 NMSA 1978 (being Laws 1978, Chapter 35, Section 92) is amended to read:

"66-3-505. RECEIVING OR TRANSFERRING STOLEN VEHICLES OR MOTOR VEHICLES.--Any person who, with intent to procure or pass title to a vehicle or motor vehicle [which] that he knows or has reason to believe has been stolen or unlawfully taken, receives or transfers possession of the [same] vehicle or motor vehicle from or to another or who has in his possession any vehicle [which] that he knows or has reason to believe has been stolen or unlawfully taken and who is not an officer of the law engaged at the time in the performance of his duty as such officer is guilty of a fourth degree felony and [upon conviction shall be sentenced to imprisonment for not less than one nor more than five years or to the payment of a fine of not more than five thousand dollars ($5,000) or to both such imprisonment and fine in the discretion of the judge] shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

Section 4. Section 66-3-508 NMSA 1978 (being Laws 1978, Chapter 35, Section 95) is amended to read:

"66-3-508. ALTERING OR CHANGING ENGINE OR OTHER NUMBERS.--

A. No person shall, with fraudulent intent, deface, remove, cover, destroy or alter the manufacturer's serial or engine number or other distinguishing number or identification mark or number placed [thereon] under assignment of the division of a vehicle required to be registered under the Motor Vehicle Code or any vehicle, motor vehicle or motor vehicle engine for which a dismantler's notification form has been processed through the division, nor shall any person place or stamp any serial, engine or other number or mark upon [such] the vehicle except one assigned [thereto] by the division. [Any violation of this provision is a felony.] A person who violates any provision of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

B. This section shall not prohibit the restoration by an owner of an original serial, engine or other number or mark when [such] the restoration is made under permit issued by the division nor prevent any manufacturer from placing, in the ordinary course of business, numbers or marks upon vehicles or parts thereof."

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.