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House Bill 253 - Authorizes Governor of New Mexico to impose curfews and seizure of all firearms in the event of an emergency.

46th legislature - STATE OF NEW MEXICO - first session, 2003

FOR THE CORRECTIONS OVERSIGHT AND JUSTICE COMMITTEE, THE INFORMATION TECHNOLOGY OVERSIGHT COMMITTEE AND THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE

AN ACT

RELATING TO A STATE OF EMERGENCY; PROVIDING THE GOVERNOR WITH EXPRESS AUTHORITY TO ORDER AN EVACUATION DURING A STATE OF EMERGENCY; AMENDING A SECTION OF THE NMSA 1978.

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

Section 1. Section 30-20-6 NMSA 1978 (being Laws 1969, Chapter 281, Section 3) is amended to read:

"30-20-6. EMERGENCY RESTRICTIONS.--

A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:

(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;

(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;

(3) the manufacture, transfer, use, possession or transportation of [any] a device or object designed to explode or produce uncontained combustion;

(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind, except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;

(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;

(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;

(7) the use of certain streets or highways by the public; [and]

(8) all or part of the population from remaining in any designated area within the state if the governor deems such action necessary for the preservation of life or necessary to aid an emergency response, recovery or mitigation. In order to facilitate an evacuation, the governor may prescribe travel routes, transportation modes and assigned destinations and may provide for the availability and use of temporary, emergency housing for evacuees; and

[(8)] (9) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.

B. [Any] A proclamation issued [under] pursuant to this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.

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