HOUSE BILL 116
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Gail C. Beam
AN ACT
RELATING TO ALCOHOL; CREATING A DRUNKBUSTERS HOTLINE TO REPORT DWI AND THE SALE OR PROVISION OF ALCOHOL TO PERSONS UNDER TWENTY-ONE YEARS OF AGE; CREATING A FUND; ESTABLISHING A FEE; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] DRUNKBUSTERS HOTLINE--CREATION--PURPOSE.--
A. The department of public safety shall establish and operate the "drunkbusters hotline", a toll-free twenty-four-hour telephone service, available to the public for reporting:
(1) a person suspected of driving under the influence of intoxicating liquor or drugs;
(2) a vehicle suspected of being driven in violation of Section 66-8-102 NMSA 1978; and
(3) the sale or provision of alcohol to a person under twenty-one years of age.
B. The drunkbusters hotline shall be accessible daily to all areas of the state.
C. A caller who provides information to the drunkbusters hotline that leads to an arrest may be entitled to a reward in an amount up to one hundred dollars ($100), as determined by the secretary of public safety.
Section 2. [NEW MATERIAL] DRUNKBUSTERS FUND CREATED--DRUNKBUSTERS FEE--APPROPRIATION.--
A. The "drunkbusters fund" is created in the state treasury to be administered by the department of public safety. Income from the fund and gifts, grants, bequests, donations and appropriations to the fund shall be credited to the fund. Balances in the fund shall not revert to the general fund at the end of any fiscal year.
B. All balances in the drunkbusters fund are appropriated to the department of public safety for the purpose of establishing and operating the drunkbusters hotline and for paying rewards to persons who provide information that leads to an arrest.
C. A "drunkbusters fee" shall be collected on penalty assessment misdemeanors and deposited in the drunkbusters fund.
D. Payments from the drunkbusters fund shall be made upon vouchers issued and signed by the secretary of public safety upon warrants drawn by the department of finance and administration.
Section 3. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) is amended to read:
"35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
"CONVICTED".--
A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
docket fee, criminal actions under Section 29-5-1 NMSA 1978. . . . . . . . . . . . . . . . . . . . $ 1.00;
docket fee, to be collected prior to docketing any other
criminal action, except as provided in Subsection B
of Section 35-6-3 NMSA 1978. . . . . . . . 20.00.
Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund;
docket fee, ten dollars ($10.00) of which shall be
deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in thecivil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978. . .62.00;
jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made. . . . . . . . . . . . . . .25.00;
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . . . . .50.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and
copying fee, for computer-generated or electronically
transferred copies, per page. . . . . . . . . 1.00.
Proceeds from this copying fee shall be transferred
to the administrative office of the courts for
deposit in the court automation fund.
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.
D. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
(1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court . . . . . . .$10.00;
in a county without a metropolitan court. . . . . . 20.00;
(2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of
imprisonment. . . . . . . . . . . . . . . . . . . . . . .10.00;
(3) traffic safety fee, to be collected upon
conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . . . . . 3.00;
(4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of
imprisonment . . . . . . . . . . . . . . . . . . . . . . 2.00;
(5) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . 5.00;
[and]
(6) drunkbusters fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . . . . . .3.00;
and
[(6)] (7) court facilities fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court. . . . . . . 24.00;
in any other county. . . . . . . . . . . . . . . . .10.00.
E. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."
Section 4. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 320, Section 5, as amended) is amended to read:
"66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment misdemeanor, there shall be assessed:
A. in a county without a metropolitan court, twenty dollars ($20.00) to help defray the costs of local government corrections;
B. a court automation fee of ten dollars ($10.00);
C. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;
D. a judicial education fee of two dollars ($2.00), which shall be credited to the judicial education fund;
E. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund; [and]
F. a drunkbusters fee of three dollars ($3.00), which shall be credited to the drunkbusters fund; and
[F.] G. a court facilities fee as follows:
in a county with a metropolitan court. . . . . . . .$24.00;
in any other county. . . . . . . . . . . . . . . . 10.00."
Section 5. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:
"66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--
A. The division shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through [F] G of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.
B. The division shall remit all penalty assessment fee receipts collected pursuant to:
(1) Subsection A of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;
(2) Subsection B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;
(3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;
(4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;
(5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund; [and]
(6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the drunkbusters fund; and
[(6)] (7) Subsection [F] G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund."
Section 6. EFFECTIVE DATES.--
A. The effective date of the provisions of Sections 2 through 5 of this act is July 1, 2005.
B. The effective date of the provisions of Section 1 of this act is October 1, 2005.
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