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HOUSE MEMORIAL 19

48

TH LEGISLATURE

- STATE OF NEW MEXICO -

SECOND SESSION

, 2008

INTRODUCED BY

Thomas E. Swisstack

A MEMORIAL

REQUESTING A STUDY OF ALTERNATIVE ADJUDICATIVE PROCEDURES FOR

TRAFFIC OFFENSES STATEWIDE.

WHEREAS, in many jurisdictions throughout New Mexico,

minor traffic warrants represent more than one-half of all

outstanding warrants; and

WHEREAS, research data collected to determine the

effectiveness and efficiency of continued criminal warrant

notices have demonstrated that criminal warrants neither

represent a deterrent to the habitual offender's disregard of

the traffic codes nor provide increased public safety on the

highways; and

WHEREAS, research data indicate that the ever-increasing

number of traffic warrants is not reduced until violators are

stopped on other moving violations or other criminal charges;

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and

WHEREAS, currently in Bernalillo county there are an

estimated sixty-one thousand seventy outstanding warrants for

minor traffic violations; and

WHEREAS, these violations include failure to pay fines and

failure to appear in court; and

WHEREAS, in 2007, six thousand two hundred twenty-four

persons were booked into the Bernalillo county metropolitan

detention center for traffic-related warrants and minor traffic

violations, placing great strain on Bernalillo county's

sentencing and court systems and Bernalillo county's

metropolitan detention center; and

WHEREAS, removing criminal penalties, including the

possibility of incarceration in jails, from traffic and driving

penalties and instead punishing violations with civil sanctions

could make better use of the resources dedicated to criminal

justice without jeopardizing public safety and without

increasing the incarcerated population; and

WHEREAS, an amendment to punish traffic offenses by fines

and limitations on a driver's credit history and ability to

access public utilities could prove to be a lesser drain on

court and incarceration systems;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the state

commence a statewide study to examine alternative adjudicative

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procedures for traffic offenses; and

BE IT FURTHER RESOLVED that the interim legislative

committee that studies courts and corrections issues study

current New Mexico law relating to minor traffic offenses,

report the study's findings and make recommendations for

legislation prior to the first session of the forty-ninth

legislature; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the governor and the co-chairs of the New Mexico

legislative council.

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