HOUSE BILL 457

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Dayan Hochman-Vigil and Eliseo Lee Alcon and Antonio Maestas

 

 

 

 

 

AN ACT

RELATING TO CRIME; REVISING PENALTIES FOR CERTAIN MOTOR VEHICLE CODE OFFENSES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. 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 may 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 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 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 or tribal jurisdiction that if committed within this 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; or

                [(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 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)] (9) 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. The division may issue an administrative suspension of 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 has failed to:

                (1) 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 a charge or conviction under the Motor Vehicle Code or pursuant to the laws of the tribe;

                (2) pay a penalty assessment within thirty days of the date of issuance by the state or a tribe; or

                (3) comply with the terms of a citation issued in a foreign jurisdiction that is a party to the Nonresident Violator Compact and that has notified the department of the failure in accordance with the Nonresident Violator Compact.

          C. If a person whose license was issued by a jurisdiction outside New Mexico that is a party to the Nonresident Violator Compact fails to comply with the terms of a citation issued in New Mexico, the department shall notify that other jurisdiction of the failure and that jurisdiction shall initiate a license suspension action in accordance with the provisions of Article IV of the Nonresident Violator Compact.

          [B.] D. Upon suspending the license of a person as authorized in this section, the division shall immediately notify the licensee in writing of the licensee's right to a hearing before the administrative hearings office and, upon the licensee's request, shall notify the administrative hearings office. The administrative hearings office shall schedule the hearing to take place as early as practicable, but within no more than twenty days, not counting Saturdays, Sundays and legal holidays after receipt of the request. The hearing shall be held in the county in which the licensee resides unless the hearing officer 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 hearing officer may, in the hearing officer's discretion, extend the twenty-day period. The hearing shall be held as provided in the Administrative Hearings Office Act. After the hearing, the hearing officer shall either rescind the order of suspension or continue, modify or extend the suspension of the license or revoke the license."

     SECTION 2. Section 66-5-39 NMSA 1978 (being Laws 1978, Chapter 35, Section 261, as amended) is amended to read:

     "66-5-39. DRIVING WHILE LICENSE SUSPENDED--PENALTIES.--

          A. [Any] A person who drives a motor vehicle on any public highway of this state at a time when the person's privilege to do so is suspended and who knows or should have known that the person's license was suspended is guilty of a misdemeanor and [shall be charged with a violation of this section. Upon conviction, the person shall] may be punished, notwithstanding the provisions of Section [31-18-13] 31-19-1 NMSA 1978, by imprisonment for not [less than four days or] more than [three hundred sixty-four] ninety days or participation for an equivalent period of time in a certified alternative sentencing program, [and there may be imposed in addition] or by payment of a fine of not more than [one thousand dollars ($1,000)] three hundred dollars ($300), or both. When a person pays any or all of the cost of participating in a certified alternative sentencing program, the court may apply that payment as a deduction to any fine imposed by the court. Any municipal ordinance prohibiting driving with a suspended license shall provide penalties no less stringent than provided in this section.

          B. In addition to any other penalties imposed pursuant to the provisions of this section, when a person is convicted pursuant to the provisions of this section or a municipal ordinance that prohibits driving on a suspended license, the motor vehicle the person was driving may be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person's immediate family or the family of the owner of the motor vehicle. The convicted person shall bear the cost of immobilizing the motor vehicle.

          [C. The division, upon receiving a record of the conviction of any person under this section, shall extend the period of suspension for an additional like period.]"

     SECTION 3. A new Section 66-5-39.2 NMSA 1978 is enacted to read:

     "66-5-39.2. [NEW MATERIAL] DRIVING WHILE LICENSE ADMINISTRATIVELY SUSPENDED.--A person who drives a motor vehicle on any public highway of this state at a time when the person's privilege to do so is administratively suspended is guilty of a penalty assessment misdemeanor and may be punished in accordance with the provisions of Section 66-8-116 NMSA 1978."

     SECTION 4. Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) is amended to read:

     "66-8-116. PENALTY ASSESSMENT MISDEMEANORS--DEFINITION-- SCHEDULE OF ASSESSMENTS.--

          A. As used in the Motor Vehicle Code and the Boat Act, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE     SECTION VIOLATED     PENALTY                                                  ASSESSMENT

Improper display of

  registration plate          66-3-18              $ 25.00

Failure to notify of

  change of name or address   66-3-23                25.00

Lost or damaged registration,

  plate or title              66-3-24              25.00

Horseless carriage

  registration                66-3-27                25.00

Transfer of registration

  and title                   66-3-103               25.00

Expiration of dealer

  plates                      66-3-403               25.00

Special registration

  plates                      66-3-409, 66-3-412.1,

                             66-3-413, 66-3-415,

                             66-3-417, 66-3-419,

                             66-3-421, 66-3-422,

                             66-3-424.4, 66-3-424.5,

                             66-3-424.7, 66-3-424.9,

                             66-3-424.13,

                             66-3-424.16

                             and 66-3-424.28        75.00

Bicycle laws                 66-3-701

                             through

                             66-3-707               50.00

No license display           66-5-16                25.00

Failure to change

  address or name on

  license                     66-5-22                25.00

Permitting unauthorized

  minor to drive              66-5-40                50.00

Permitting unauthorized

  person to drive             66-5-41                25.00

Failure to obey sign         66-7-104               25.00

Failure to obey signal       66-7-105               25.00

Pedestrian signs and

  signals                     66-7-106

                             through

                             66-7-108               25.00

Speeding                     66-7-301

  (1) up to and including

      ten miles an hour

      over the speed limit                           25.00

  (2) from eleven up to

      and including fifteen

      miles an hour

      over the speed limit                           30.00

  (3) from sixteen up to

      and including twenty

      miles an hour over the

      speed limit                                    65.00

  (4) from twenty-one up to

      and including twenty-five

      miles an hour

      over the speed limit                          100.00

  (5) from twenty-six up to

      and including thirty

      miles an hour over the

      speed limit                                   125.00

  (6) from thirty-one up to

      and including thirty-five

      miles an hour over the

      speed limit                                   150.00

  (7) more than thirty-five

      miles an hour over the

      speed limit                                   200.00

Unfastened safety belt     66-7-372                 25.00

Child not in restraint device

  or seat belt              66-7-369                 25.00

Minimum speed              66-7-305                 25.00

Speeding                   66-7-306                 25.00

Improper starting          66-7-324                 25.00

Improper backing           66-7-354                 25.00

Improper lane              66-7-308                 25.00

Improper lane              66-7-313                 25.00

Improper lane              66-7-316                 25.00

Improper lane              66-7-317                 25.00

Improper lane              66-7-319               25.00

Improper passing     66-7-309 through 66-7-312     25.00

Improper passing           66-7-315                 25.00

Controlled access

  violation                 66-7-320                 25.00

Controlled access

  violation                 66-7-321                 25.00

Improper turning           66-7-322                 25.00

Improper turning           66-7-323                 25.00

Improper turning           66-7-325                 25.00

Following too closely      66-7-318                 25.00

Failure to yield     66-7-328 through 66-7-331     25.00

Failure to yield           66-7-332                 50.00

Failure to yield           66-7-332.1               25.00

Pedestrian violation       66-7-333 

                           through

66-7-34025.00

Failure to stop      66-7-342 and 66-7-344

                        through 66-7-346            25.00

Railroad-highway grade

  crossing violation  66-7-341 and 66-7-343        150.00

Passing school bus         66-7-347                100.00

Failure to signal    66-7-325 through 66-7-327     25.00

Riding on motorcycles      66-7-355                100.00

Video screens in

  automobiles               66-7-358                 25.00

Driving on mountain

  highways                  66-7-359                 25.00

Coasting prohibited        66-7-360                25.00

Animals on highway at

  night                     66-7-363                 50.00

Failure to secure load     66-7-407                100.00

Operation without oversize-

  overweight permit         66-7-413                 50.00

Transport of reducible

  load with special

  permit more than six miles

  from a border crossing    66-7-413                100.00

Driving while license

  administratively

  suspended                 66-5-39.2                25.00

Improper equipment    66-3-801 through

                     66-3-840 and 66-3-842

through 66-3-85150.00

Improper equipment         66-3-901                 50.00

Improper emergency

  signal              66-3-853 through 66-3-857     25.00

Minor on motorcycle

  without helmet            66-7-356                300.00

Operation interference     66-7-357                 50.00

Littering                  66-7-364                300.00

Improper parking     66-7-349 through 66-7-352

                           and 66-7-353             25.00 

Improper parking           66-3-852                 25.00

Riding in or towing

  occupied house trailer    66-7-366                 25.00

Improper opening of doors  66-7-367                 25.00

No slow-moving vehicle

  emblem or flashing

  amber light               66-3-887                 25.00

Failure to appear          66-8-126                 50.00

Open container-first

  violation                 66-8-138                 25.00

Texting while driving-

  (1) first violation       66-7-374                 25.00

  (2) second and subsequent

  violation                                          50.00

Using a handheld mobile

  communication device

  while driving a     

  commercial motor vehicle  66-7-375

  (1) first violation                                25.00

  (2) second and subsequent

  violation                                          50.00.

          B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

          C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.

          D. The penalty assessment for speeding in violation of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

          E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).

          F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000)."

     SECTION 5. Section 66-8-126 NMSA 1978 (being Laws 1978, Chapter 35, Section 534) is amended to read:

     "66-8-126. FAILURE TO OBEY NOTICE TO APPEAR.--

          A. It is a penalty assessment misdemeanor for [any] a person to violate [his] that person's written promise to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.

          B. A written promise to appear in court may be complied with by appearance of counsel."

     SECTION 6. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2019.