New Mexico House Bill HB397

New Mexico 2023 Regular Session

• Introduced: 2/13/23

Caption

Crime Of Organized Residential Theft

Impact

If enacted, the bill would impose specific penalties based on the aggregate value of the merchandise stolen. Offenses classified as organized residential theft would be categorized into degrees of felony, with the severity increasing according to the value of the goods taken. This creates a structured legal framework to prosecute and penalize higher levels of theft as organized crime, which proponents argue will deter offenders and protect consumers while streamlining law enforcement responses to these crimes.

Summary

House Bill 397 introduces the offense of organized residential theft, which is characterized by a coordinated plan to deprive one or more recipients of merchandise over multiple occasions or locations within a year. The bill specifies that organized residential theft will encompass thefts that involve either individuals or businesses receiving goods via mail or other delivery methods. The legislation aims to address increasingly sophisticated methods of theft that target residential consumers and businesses alike, reflecting a growing concern over organized criminal activities in the state.

Contention

The introduction of HB 397 may spark discussions around the balance between public safety and the potential for over-criminalization of acts that could be deemed minor thefts. Critics may express concerns about the bill leading to harsher penalties that might disproportionately affect individuals who are involved in non-organized petty theft. Additionally, the definition of 'organized' and 'coordinated' theft could lead to debates on how to accurately identify and prove such cases in court, potentially adding complexities to the judicial process in adjudicating these offenses.