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HOUSE BILL 50
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Cynthia Borrego
AN ACT
RELATING TO CRIME; PROVIDING THAT MULTIPLE VIOLATIONS OF
UNLAWFUL TAKING OF, EMBEZZLEMENT OF, FRAUDULENTLY OBTAINING OR
RECEIVING OR TRANSPORTING STOLEN VEHICLES OR MOTOR VEHICLES
APPLY TOWARD SENTENCING REGARDLESS OF WHICH SECTION OF LAW WAS
VIOLATED PREVIOUSLY; PROVIDING PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-16D-1 NMSA 1978 (being Laws 1978,
Chapter 35, Section 91, as amended by Laws 2009, Chapter 253,
Section 1 and by Laws 2009, Chapter 261, Section 1) is amended
to read:
"30-16D-1. UNLAWFUL TAKING OF A VEHICLE OR MOTOR
VEHICLE.--
A. Unlawful taking of a vehicle or motor vehicle
consists of a person taking any vehicle or motor vehicle as
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defined by the Motor Vehicle Code intentionally and without
consent of the owner. [Whoever commits unlawful taking of a
vehicle or motor vehicle is guilty of a:
(1) fourth degree felony for a first offense;
(2) third degree felony for a second offense;
and
(3) second degree felony for a third or
subsequent offense.]
B. The consent of the owner of the vehicle or motor
vehicle to its taking 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. Nothing in this section shall be construed to
prohibit the holder of a lien duly recorded with the motor
vehicle division of the taxation and revenue 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 the holder has taken
possession of the vehicle."
SECTION 2. Section 30-16D-2 NMSA 1978 (being Laws 2009,
Chapter 253, Section 2 and Laws 2009, Chapter 261, Section 2)
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is amended to read:
"30-16D-2. EMBEZZLEMENT OF A VEHICLE OR MOTOR VEHICLE.--
[A.] Embezzlement of a vehicle or motor vehicle consists of a
person embezzling or converting to the person's own use a
vehicle or motor vehicle as defined by the Motor Vehicle Code,
with which the person has been entrusted, with the fraudulent
intent to deprive the owner of the vehicle or motor vehicle.
[B. Whoever commits embezzlement of a vehicle or
motor vehicle is guilty of a:
(1) fourth degree felony for a first offense;
(2) third degree felony for a second offense;
and
(3) second degree felony for a third or
subsequent offense.]"
SECTION 3. Section 30-16D-3 NMSA 1978 (being Laws 2009,
Chapter 253, Section 3 and Laws 2009, Chapter 261, Section 3)
is amended to read:
"30-16D-3. FRAUDULENTLY OBTAINING A VEHICLE OR MOTOR
VEHICLE.--[A.] Fraudulently obtaining a vehicle or motor
vehicle consists of a person intentionally misappropriating or
taking a vehicle or motor vehicle as defined by the Motor
Vehicle Code that belongs to another person by means of
fraudulent conduct, practices or representations.
[B. Whoever commits fraudulently obtaining a
vehicle or motor vehicle is guilty of a:
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(1) fourth degree felony for a first offense;
(2) third degree felony for a second offense;
and
(3) second degree felony for a third or
subsequent offense.]"
SECTION 4. Section 30-16D-4 NMSA 1978 (being Laws 1978,
Chapter 35, Section 92, as amended by Laws 2009, Chapter 253,
Section 4 and by Laws 2009, Chapter 261, Section 4) is amended
to read:
"30-16D-4. RECEIVING OR TRANSFERRING STOLEN VEHICLES OR
MOTOR VEHICLES.--[A.] Receiving or transferring a stolen
vehicle or motor vehicle consists of a person who, with intent
to procure or pass title to a vehicle or motor vehicle as
defined by the Motor Vehicle Code that the person knows or has
reason to believe has been stolen or unlawfully taken, receives
or transfers possession of the vehicle or motor vehicle from or
to another or who has in the person's possession any vehicle
that the person knows or has reason to believe has been stolen
or unlawfully taken. This section shall not apply to an
officer of the law engaged at the time in the performance of
the officer's duty as an officer.
[B. Whoever commits receiving or transferring a
stolen vehicle or motor vehicle is guilty of a:
(1) fourth degree felony for a first offense;
(2) third degree felony for a second offense;
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and
(3) second degree felony for a third or
subsequent offense.]"
SECTION 5. A new Section 30-16D-5.1 NMSA 1978 is enacted
to read:
"30-16D-5.1. [NEW MATERIAL ] PENALTIES.--Whoever violates
any of the provisions described in Sections 30-16D-1 through
30-16D-4 NMSA 1978 is guilty of a:
A. fourth degree felony for a first offense;
B. third degree felony for a second offense,
regardless of which provision was the first offense; and
C. second degree felony for a third or subsequent
offense, regardless of which provision was the first or second
offense."
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