HM 22

Page 1

A MEMORIAL

REQUESTING THE CREATION OF A TASK FORCE TO STUDY AND MAKE

RECOMMENDATIONS ON THE DECRIMINALIZATION OF TRAFFIC OFFENSES.

WHEREAS, nationally, at the state and local government

level, jurisdictions are examining the costs to the criminal

justice system of the traffic citation warrant process; and

WHEREAS, currently, traffic warrants represent more than

one-half of all outstanding warrants; and

WHEREAS, research data demonstrate that criminal traffic

warrants do not deter a habitual traffic offender from

disregarding traffic laws nor do they provide increased safety

on the public highways; and

WHEREAS, some jurisdictions have amended their traffic

codes to provide for civil penalties on traffic violations

rather than criminal penalties and fines; and

WHEREAS, criminal justice communities that have

decriminalized traffic citations agree that decriminalizing

the traffic code and recasting traffic violations as civil

infractions represents a better use of resources, does not

jeopardize public safety and decreases the incarcerated

population;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the

administrative office of the courts be requested to convene a

HM 22

Page 2

task force consisting of representatives from the New Mexico

association of counties, the New Mexico municipal league, the

public defender department, the New Mexico district attorneys

association and the motor vehicle division of the taxation and

revenue department to study the feasibility of and procedure

for decriminalizing traffic offenses and recasting traffic

violations as civil infractions; and

BE IT FURTHER RESOLVED that a representative of the task

force report on the study and any recommendations to the

appropriate interim legislative committee no later than

November 2008; and

BE IT FURTHER RESOLVED that a copy of this memorial be

transmitted to the administrative office of the courts.