SENATE BILL 71
50th legislature - STATE OF NEW MEXICO - second session, 2012
INTRODUCED BY
Vernon D. Asbill
AN ACT
RELATING TO IGNITION INTERLOCK; ALLOWING THE ISSUANCE OF AN IGNITION INTERLOCK LICENSE TO A PERSON CONVICTED OF HOMICIDE BY VEHICLE OR GREAT BODILY HARM BY VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS AFTER COMPLETION OF THE SENTENCE FOR THAT CRIME, INCLUDING PROBATION AND PAROLE, OR FOR A LIMITED PURPOSE WHILE ON PROBATION OR PAROLE; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 66-5-35 NMSA 1978 (being Laws 1978, Chapter 35, Section 257, as amended) is amended to read:
"66-5-35. LIMITED DRIVING PRIVILEGE UPON SUSPENSION OR REVOCATION.--
A. Upon suspension or revocation of a person's driving privilege or driver's license following conviction or adjudication as a delinquent under any law, ordinance or rule relating to motor vehicles, the person may apply to the department for a driver's license, provisional license or instruction permit to drive, limited to use allowing the person to engage in gainful employment, to attend school or to attend a court-ordered treatment program, except that the person shall not be eligible to apply:
(1) for a limited commercial driver's license or an ignition interlock license in lieu of a revoked or suspended commercial driver's license;
(2) for a limited license when the person's driver's license was revoked pursuant to the provisions of the Implied Consent Act, except as provided in the Ignition Interlock Licensing Act;
(3) for a limited license when the person's driver's license was revoked pursuant to the provisions of Section 66-8-102 NMSA 1978, except as provided in the Ignition Interlock Licensing Act;
(4) for a limited license when the person's driver's license is denied pursuant to the provisions of Subsection D of Section 66-5-5 NMSA 1978, except as provided in the Ignition Interlock Licensing Act; or
(5) for a limited license when the person's driver's license was revoked pursuant to a conviction for committing homicide by vehicle or great bodily [injury] harm by vehicle, as provided in Section 66-8-101 NMSA 1978, except as provided in the Ignition Interlock Licensing Act.
B. Upon receipt of a fully completed application that complies with statutes and rules for a limited license or an ignition interlock license and payment of the fee specified in this subsection, the department shall issue a limited license, ignition interlock license or permit to the applicant showing the limitations specified in the approved application. For each limited license, ignition interlock license or permit to drive, the applicant shall pay to the department a fee of forty-five dollars ($45.00), which shall be transferred to the department of transportation. All money collected under this subsection shall be used for DWI prevention and education programs for elementary and secondary school students. The department of transportation shall coordinate with the department of health to ensure that there is no program duplication. The limited license or permit to drive may be suspended as provided in Section 66-5-30 NMSA 1978."
SECTION 2. Section 66-5-502 NMSA 1978 (being Laws 2003, Chapter 239, Section 2, as amended by Laws 2007, Chapter 316, Section 2 and by Laws 2007, Chapter 317, Section 3 and also by Laws 2007, Chapter 319, Section 48) is amended to read:
"66-5-502. DEFINITIONS.--As used in the Ignition Interlock Licensing Act:
A. "denied" means the division has refused to issue an instruction permit, driver's license or provisional license pursuant to the provisions of Subsection D or E of Section
66-5-5 NMSA 1978;
B. "ignition interlock device" means a device, approved by the traffic safety bureau, that prevents the operation of a motor vehicle by an intoxicated or impaired person;
C. "ignition interlock license" means a driver's license issued to a person by the division that allows that person to operate a motor vehicle with an ignition interlock device after that person's driving privilege or driver's license has been revoked or denied. The division shall clearly mark an ignition interlock license to distinguish it from other driver's licenses; and
D. "revoked" means the division, pursuant to the provisions of Section 66-5-29 or 66-8-111 NMSA 1978, has terminated a person's driving privilege or driver's license for:
(1) driving while under the influence of intoxicating liquor or drugs; or
(2) a conviction of homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs."
SECTION 3. Section 66-5-503 NMSA 1978 (being Laws 2003, Chapter 239, Section 3, as amended) is amended to read:
"66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS [EXCLUSIONS].--
A. A person whose driving privilege or driver's license has been revoked or denied or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978 may apply for an ignition interlock license from the division.
B. An applicant for an ignition interlock license shall:
(1) provide proof of installation of the ignition interlock device by a traffic safety bureau-approved ignition interlock installer on any vehicle the applicant drives; and
(2) sign an affidavit acknowledging that:
(a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license;
(b) tampering or interfering with the proper and intended operation of an ignition interlock device may subject the applicant to penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act; and
(c) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request. C. A person who has been convicted of homicide by vehicle or great bodily [injury] harm by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, shall not be issued an ignition interlock license unless:
(1) the person has completed serving the sentence for that crime, including any period of probation and parole; or
(2) the person's probation and parole officer has approved a limited driving privilege during the probationary or parole period for the purpose of engaging in gainful employment, attending school or attending a court-ordered treatment program."
SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.
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