February 19, 2003
Mr. Speaker:
Your JUDICIARY COMMITTEE, to whom has been referred
HOUSE BILL 278, as amended
has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:
1. Strike House Transportation Committee Amendment 8.
2. On page 2, line 9, strike "by a tribal court" and insert in lieu thereof "a tribal law".
3. On page 6, line 16, strike "by a tribal court" and insert in lieu thereof "a tribal law".
4 On page 10, line 11, strike "state residents" and insert in lieu thereof "persons who".
5. On page 10, lines 15 and 16, strike "resident of the state" and insert in lieu thereof "person".
6. On page 11, between lines 1 and 2, insert the following new sections:
"Section 9. Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:
"66-5-30. AUTHORITY OF DIVISION TO SUSPEND OR REVOKE LICENSE.--
A. The division is authorized to suspend the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section
66-5-27.1 NMSA 1978, that the licensee:
(1) has been convicted of an offense for which mandatory revocation of license is required upon conviction;
(2) has been convicted as a driver in [any] an
accident resulting in the death or personal injury of another or
serious property damage;
(3) has been convicted with such frequency of
offenses against traffic laws or [regulations] rules governing motor
vehicles as to indicate a disrespect for traffic laws and a
disregard for the safety of other persons on the highways;
(4) is an habitually reckless or negligent driver of a motor vehicle;
(5) is incompetent to drive a motor vehicle;
(6) has permitted an unlawful or fraudulent use of
the license;
(7) has been convicted of an offense in another
state [which] or tribal jurisdiction that if committed [in] within
this [state] state's jurisdiction would be grounds for suspension or
revocation of the license;
(8) has violated provisions stipulated by a district court in limitation of certain driving privileges;
(9) has failed to fulfill a signed promise to
appear or notice to appear in court as evidenced by notice from a
state court or tribal court, whenever appearance is required by law
or by the court as a consequence of [any] a charge or conviction
under the Motor Vehicle Code or pursuant to the laws of the tribe;
(10) has failed to pay a penalty assessment within thirty days of the date of issuance by the state or a tribe; or
(11) has accumulated seven points, but less than eleven points, and when the division has received a recommendation from a municipal or magistrate judge that the license be suspended for a period not to exceed three months.
B. Upon suspending the license of [any] a person as
authorized in this section, the division shall immediately notify
the licensee in writing and upon his request shall afford him an
opportunity for a hearing as early as practicable within not to
exceed twenty days, not counting Saturdays, Sundays and legal
holidays, after receipt of the request in the county wherein the
licensee resides unless the division and the licensee agree that the
hearing may be held in some other county; provided that the hearing
request is received within twenty days from the date that the
suspension was deposited in the United States mail. The director
may, in his discretion, extend the twenty-day period. Upon the
hearing, the director or his duly authorized agent may administer
oaths and may issue subpoenas for the attendance of witnesses and
the production of relevant books and papers and may require a
reexamination of the licensee. Upon the hearing, the division shall
either rescind its order of suspension or, good cause appearing
therefor, may continue, modify or extend the suspension of the
license or revoke the license."
Section 10. Section 66-8-102 NMSA 1978 (being Laws 1953, Chapter 139, Section 54, as amended) is amended to read:
"66-8-102. PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--PENALTY.--
A. It is unlawful for a person who is under the influence of intoxicating liquor to drive a vehicle within this state.
B. It is unlawful for a person who is under the influence of any drug to a degree that renders him incapable of safely driving a vehicle to drive a vehicle within this state.
C. It is unlawful for a person who has an alcohol concentration of eight one hundredths or more in his blood or breath to drive a vehicle within this state.
D. Aggravated driving while under the influence of intoxicating liquor or drugs consists of a person who:
(1) has an alcohol concentration of sixteen one hundredths or more in his blood or breath while driving a vehicle within this state;
(2) has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or
(3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs.
E. [Every] A person under first conviction pursuant to
this section shall be punished, notwithstanding the provisions of
Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety
days or by a fine of not more than five hundred dollars ($500), or
both; provided that if the sentence is suspended in whole or in part
or deferred, the period of probation may extend beyond ninety days
but shall not exceed one year. Upon a first conviction pursuant to
this section, an offender may be sentenced to not less than forty-eight hours of community service or a fine of three hundred dollars
($300). The offender shall be ordered by the court to participate
in and complete a screening program described in Subsection H of
this section and to attend a driver rehabilitation program for
alcohol or drugs, also known as a "DWI school", approved by the
bureau and also may be required to participate in other
rehabilitative services as the court shall determine to be
necessary. In addition to those penalties, when an offender commits
aggravated driving while under the influence of intoxicating liquor
or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail. If an offender fails to complete,
within a time specified by the court, any community service,
screening program, treatment program or DWI school ordered by the
court, the offender shall be sentenced to not less than an
additional forty-eight consecutive hours in jail. Any jail sentence
imposed pursuant to this subsection for failure to complete, within
a time specified by the court, any community service, screening
program, treatment program or DWI school ordered by the court or for
aggravated driving while under the influence of intoxicating liquor
or drugs shall not be suspended, deferred or taken under advisement.
On a first conviction pursuant to this section, any time spent in
jail for the offense prior to the conviction for that offense shall
be credited to any term of imprisonment fixed by the court. A
deferred sentence pursuant to this subsection shall be considered a
first conviction for the purpose of determining subsequent
convictions.
F. A second or third conviction pursuant to this section shall be punished, notwithstanding the provisions of Section
31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or both; provided that if the sentence is suspended in whole or in part, the period of probation may extend beyond one year but shall not exceed five years. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence:
(1) upon a second conviction, [each] an offender
shall be sentenced to a jail term of not less than seventy-two
consecutive hours, forty-eight hours of community service and a fine
of five hundred dollars ($500). In addition to those penalties,
when an offender commits aggravated driving while under the
influence of intoxicating liquor or drugs, the offender shall be
sentenced to a jail term of not less than ninety-six consecutive
hours. If an offender fails to complete, within a time specified by
the court, any community service, screening program or treatment
program ordered by the court, the offender shall be sentenced to not
less than an additional seven consecutive days in jail. A penalty
imposed pursuant to this paragraph shall not be suspended or
deferred or taken under advisement; and
(2) upon a third conviction, an offender shall be sentenced to a jail term of not less than thirty consecutive days and a fine of seven hundred fifty dollars ($750). In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days. If an offender fails to complete, within a time specified by the court, any screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional sixty consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended or deferred or taken under advisement.
G. Upon a fourth or subsequent conviction pursuant to this section, an offender is guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978, and shall be sentenced to a jail term of not less than six months, which shall not be suspended or deferred or taken under advisement.
H. Upon any conviction pursuant to this section, an offender shall be required to participate in and complete, within a time specified by the court, an alcohol or drug abuse screening program and, if necessary, a treatment program approved by the court. The requirement imposed pursuant to this subsection shall not be suspended, deferred or taken under advisement.
I. Upon a first conviction for aggravated driving while under the influence of intoxicating liquor or drugs pursuant to the provisions of Subsection D of this section, as a condition of probation, an offender shall be required to have an ignition interlock device installed and operating for a period of one year on all motor vehicles driven by the offender, pursuant to rules adopted by the bureau. Unless determined by the sentencing court to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. If an offender drives a motor vehicle that does not have an ignition interlock device installed on the motor vehicle, the offender may be in violation of the terms and conditions of his probation.
J. Upon a first conviction for driving while under the influence of intoxicating liquor or drugs pursuant to the provisions of Subsection A, B or C of this section, as a condition of probation, an offender may be required to have an ignition interlock device installed and operating for a period of one year on all motor vehicles driven by the offender, pursuant to rules adopted by the bureau. Unless determined by the sentencing court to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. If an offender drives a motor vehicle that does not have an ignition interlock device installed on the motor vehicle, the offender may be in violation of the terms and conditions of his probation.
K. Upon any subsequent conviction pursuant to this section, as a condition of probation, a subsequent offender shall be required to have an ignition interlock device installed and operating for a period of at least one year on all motor vehicles driven by the subsequent offender, pursuant to rules adopted by the bureau. Unless determined by the sentencing court to be indigent, the subsequent offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles. If a subsequent offender drives a motor vehicle that does not have an ignition interlock device installed on the motor vehicle, the subsequent offender may be in violation of the terms and conditions of his probation.
L. In the case of a first, second or third offense under this section, the magistrate court has concurrent jurisdiction with district courts to try the offender.
M. A conviction pursuant to a municipal or county
ordinance in New Mexico or a law of any other jurisdiction,
territory or possession of the United States [that] or of a tribe
that has entered into an intergovernmental agreement with New Mexico
pursuant to Section 66-5-27.1 NMSA 1978 where that ordinance or law
is equivalent to New Mexico law for driving while under the
influence of intoxicating liquor or drugs, and [that] prescribes
penalties for driving while under the influence of intoxicating
liquor or drugs, shall be deemed to be a conviction pursuant to this
section for purposes of determining whether a conviction is a second
or subsequent conviction.
N. In addition to any other fine or fee [which] that may
be imposed pursuant to the conviction or other disposition of the
offense under this section, the court may order the offender to pay
the costs of any court-ordered screening and treatment programs.
O. As used in this section:
(1) "bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body; and
(2) "conviction" means an adjudication of guilt and does not include imposition of a sentence."".
Respectfully submitted,
W. Ken Martinez, Chairman
Adopted Not Adopted
(Chief Clerk) (Chief Clerk)
The roll call vote was 7 For 0 Against
Yes: 7
Excused: Cervantes, Garcia, Park, Thompson
Absent: None
.145838.1
Z:\Amend_03\HB0278JC1