Short title.

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Sections 29-9-1 through 29-9-17 NMSA 1978 may be cited as the "Organized Crime Act".

History: 1953 Comp., § 39-9-1, enacted by Laws 1973, ch. 225, § 1; 1977, ch. 215, § 1.

ANNOTATIONS

Compiler's notes. — Laws 1981, ch. 234, § 2 repealed Laws 1977, ch. 215, § 9, which had provided that the act shall terminate on July 1, 1981.

Statute not amenable to vagueness claim. — The Organized Crime Act [Sections 29-9-1 through 29-9-17 NMSA 1978] is not the type of statute that is amenable to a claim of unconstitutional vagueness because the vagueness doctrine is applied when a potential actor is exposed to criminal sanctions without a fair warning as to the nature of a proscribed activity, whereas the Organized Crime Act is not a penal statute; the only sanction that can come from the act is a contempt citation for failure to abide by a court order. In re Governor's Organized Crime Prevention Comm'n, 1978-NMSC-022, 91 N.M. 516, 577 P.2d 414.

Word "racketeering" does not need to appear in title to Laws 1977, ch. 215, which amends the Organized Crime Act; nor does the title violate N.M. Const., art. IV, § 16, although the 1977 amendment for the first time authorizes the commission to investigate racketeering, since racketeering is reasonably germane to the subject matter of organized crime. In re Governor's Organized Crime Prevention Comm'n, 1978-NMSC-022, 91 N.M. 516, 577 P.2d 414.


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