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HB 195: WEAPONS OF MASS DESTRUCTION ACT

An Act Relating To Criminal Law; Enacting The Weapons Of Mass Destruction Act; Providing Penalties.

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MILD HB 195
WEAPONS OF MASS DESTRUCTION ACT

Legislative URL:
HB 195 on nmlegis.gov
Emergency Clause:
No
Germane:
N/A
Location:
HSCAC
Action:
[3] HSCAC/HJC-HSCAC [15] DNP-CS/DP-HJC API.
Issue(s):

Companion Bills

Bills:
WEAPONS OF MASS DESTRUCTION ACT

Related Legislators

Bill Sponsor:

Related Documents

Downloads:
Introduced
HSCAC Committee Report
HSCAC Committee Substitute
Fiscal Impact Report

Related Events

Upcoming:
Summary

This bill would create the Weapons of Mass Destruction Act, providing that a person who:

  1. knowingly and without lawful authority possesses, develops, manufactures, produces or transfers any weapon of mass destruction is guilty of a first degree felony;
  2. knowingly and intentionally uses against another human being a weapon of mass destruction and thereby causes the death of a person is guilty of a first degree felony and subject to a basic sentence of life imprisonment;
  3. knowingly and intentionally uses against another human being a weapon of mass destruction and thereby causes great bodily harm to a person is guilty of a first degree felony;
  4. knowingly and intentionally uses a weapon of mass destruction against property with the intent to cause widespread and substantial damage to that property is guilty of a first degree felony;
  5. without lawful authority, uses recombinant technology or any other scientific technology to create new pathogens or more virulent forms of existing pathogens for the purpose of creating a weapon of mass destruction is guilty of a first degree felony;
  6. knowingly and intentionally gives, mails, sends or causes to be sent any false or facsimile weapon of mass destruction to another person, or places or causes to be placed at any location any false or facsimile weapon of mass destruction, with the intent that another person believes that it is a weapon of mass destruction, is guilty of a third degree felony.

 

The bill further provides that no person shall threaten to use a weapon of mass destruction against another human being. A person who violates this section is:

  1. for the first offense, guilty of a fourth degree felony; and
  2. for a second or subsequent offense, guilty of a third degree felony.

 

Benefits of this bill might include both the prevention of crime via hazardous materials and toxics because of the potential penalties and the potential ability of law enforcement to stop criminals who are in the process of using such a weapon before the final step.