HOUSE BILL 57

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Andrea Reeb

 

 

 

 

 

AN ACT

RELATING TO TRAFFIC OFFENSES; PROVIDING FOR TESTIMONY BY INTERACTIVE VIDEO; PROVIDING FOR IMPLIED CONSENT TO APPEARANCE BY VIDEO BY A PERSON WHO PERFORMS OR ANALYZES CHEMICAL TESTING.

 

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

     SECTION 1. A new section of the Implied Consent Act is enacted to read:

     "[NEW MATERIAL] PROCEDURE--VIDEO APPEARANCE.--If a party subpoenas a person who performs or analyzes chemical testing pursuant to the Implied Consent Act, including an analyst or a toxicologist, to testify at a court proceeding, the person may appear by interactive video. Through the interactive video appearance, there shall be a full and meaningful opportunity for the person to be questioned and cross-examined; the person shall be clearly visible and audible to the judge, the jury, all parties and counsel; and the person shall be able to clearly see and hear the proceeding with or without accommodation."

     SECTION 2. Section 66-8-107 NMSA 1978 (being Laws 1978, Chapter 35, Section 515, as amended) is amended to read:

     "66-8-107. IMPLIED CONSENT TO SUBMIT TO CHEMICAL TEST--COURT APPEARANCE BY VIDEO.--

          A. [Any] A person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act, to chemical tests of [his] that person's breath or blood or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purpose of determining the drug or alcohol content of [his] the person's blood if the person is arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug.

          B. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of an intoxicating liquor or drug.

          C. If a person who performed a chemical test or a toxicologist from the laboratory where the test was performed who will testify as an expert on the results of the chemical testing is subpoenaed to testify at a court proceeding about chemical testing performed pursuant to this section, the defendant shall be deemed to have given consent to the person's appearance by interactive video."

- 3 -