As used in the Forfeiture Act: A. 'abandoned property': (1) is not subject to the provisions of Section 29-1-14 NMSA 1978; (2) means personal property the rights to which and the control of which an owner has intentionally relinquished; and (3) does not mean real property; B. 'actual knowledge' means a direct and clear awareness of information, a fact or a condition; C. 'contraband' means goods that may not be lawfully imported, exported or possessed, including drugs that are listed in Schedule I, II, III, IV or V of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978] and that are possessed without a valid prescription; D. 'conveyance' means a device used for transportation and: (1) includes a motor vehicle, trailer, snowmobile, airplane, vessel and any equipment attached to the conveyance; but (2) does not include property that is stolen or taken in violation of a law; E. 'conviction' or 'convicted' means that a person has been found guilty of a crime in a trial court whether by a plea of guilty or nolo contendere or otherwise and whether the sentence is deferred or suspended; F. or 'convicted' means that a person has been found guilty of a crime in a trial court whether by a plea of guilty or nolo contendere or otherwise and whether the sentence is deferred or suspended; F. 'crime' means a violation of a criminal statute for which property of the offender is subject to seizure and forfeiture; G. 'instrumentality' means all property that is otherwise lawful to possess that is used in the furtherance or commission of an offense to which forfeiture applies and includes land, a building, a container, a conveyance, equipment, materials, a product, a computer, computer software, a telecommunications device, a firearm, ammunition, a tool, money, a security and a negotiable instrument and other devices used for exchange of property; H. 'law enforcement agency' means the employer of a law enforcement officer who is authorized to seize or has seized property pursuant to the Forfeiture Act; I. 'law enforcement officer': (1) means a state or municipal police officer, county sheriff, deputy sheriff, conservation officer, motor transportation enforcement officer or other state employee authorized by state law to enforce criminal statutes; but (2) does not mean a r, county sheriff, deputy sheriff, conservation officer, motor transportation enforcement officer or other state employee authorized by state law to enforce criminal statutes; but (2) does not mean a correctional officer; J. 'owner' means a person who has a legal or equitable ownership interest in property; K. 'property' means tangible or intangible personal property or real property; L. 'property subject to forfeiture' means property or an instrumentality declared to be subject to forfeiture by the Forfeiture Act or a state law outside of the Forfeiture Act; and M. 'secured party' means a person with a security or other protected interest in property, whether the interest arose by mortgage, security agreement, lien, lease or otherwise; the purpose of which interest is to secure the payment of a debt or protect a potential debt owed to the secured party. History: Laws 2002, ch. 4, § 3; 2015, ch. 152, § 3; 2019, ch. 133, § 2. ANNOTATIONSThe 2019 amendment, effective April 2, 2019, revised the definition of 'abandoned property' as used in the Forfeiture Act; in Subsection A, added new Paragraph A(1) and redesignated former Paragraphs A(1) and A(2) as Paragraphs A(2) and A(3), , revised the definition of 'abandoned property' as used in the Forfeiture Act; in Subsection A, added new Paragraph A(1) and redesignated former Paragraphs A(1) and A(2) as Paragraphs A(2) and A(3), respectively. Applicability. — Laws 2019, ch. 133, § 13 provided that the provisions of the Forfeiture Act apply to seized and abandoned property in the possession of a law enforcement agency or the state treasurer on and after April 2, 2019. Temporary provisions. — Laws 2019, ch. 133, § 11 provided that the New Mexico supreme court shall issue procedural court rules to implement the provisions of this act. Laws 2019, ch. 133, § 12 provided that abandoned property in the possession of a law enforcement agency or the state treasurer on April 2, 2019 shall be disposed of pursuant to Section 29-1-14 NMSA 1978.The 2015 amendment, effective July 1, 2015, added definitions for 'abandoned property', 'actual knowledge', 'contraband', 'conveyance', and 'instrumentality' and amended certain definitions as used in the Forfeiture Act; added new Subsections A through D and redesignated former Subsections A and B as Subsections E and F, respectively; in Subsection E, after 'guilty of a crime in', tions as used in the Forfeiture Act; added new Subsections A through D and redesignated former Subsections A and B as Subsections E and F, respectively; in Subsection E, after 'guilty of a crime in', deleted 'the' and added 'a'; added new Subsection G and redesignated Subsections C through H as Subsections H through M, respectively; in Subsection H, after 'law enforcement officer that', deleted 'has made a seizure of' and added 'is authorized to seize or has seized'; in Subsection I, after 'means:', added the designation for Paragraph (1), and after 'criminal statutes; but', deleted ''law enforcement officer'', added the designation for Paragraph (2), and after 'does not', deleted 'include' and added 'mean a', and after 'correctional', deleted 'officers' and added 'officer'; in Subsection L, after 'property', added 'or an instrumentality', and after 'subject to forfeiture by', added 'the Forfeiture Act or'; and in Subsection M, after 'whether', deleted 'arising' and added 'the interest arose'.
New Mexico Legal Code