0001|                            HOUSE BILL 555
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          BOBBIE K. MALLORY
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO CRIMINAL LAW; INCREASING THE PENALTY FOR HOMICIDE
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0012|     BY VEHICLE OR GREAT BODILY INJURY BY VEHICLE WHILE UNDER THE
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0013|     INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; AMENDING A SECTION
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0014|     OF THE MOTOR VEHICLE CODE.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 66-8-101 NMSA 1978 (being Laws 1978,
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0018|     Chapter 35, Section 509, as amended) is amended to read:
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0019|          "66-8-101.  HOMICIDE BY VEHICLE--GREAT BODILY INJURY BY
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0020|     VEHICLE.--
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0021|               A.  Homicide by vehicle is the killing of a human
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0022|     being in the unlawful operation of a motor vehicle.
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0023|               B.  Great bodily injury by vehicle is the injuring
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0024|     of a human being, to the extent defined in Section 30-1-12 NMSA
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0025|     1978, in the unlawful operation of a motor vehicle.
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0001|               C.  Any person who commits homicide by vehicle or
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0002|     great bodily injury by vehicle while under the influence of
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0003|     intoxicating liquor or while under the influence of any drug or
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0004|     while violating Section 66-8-113 NMSA 1978 is guilty of a
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0005|     <s>[third]</s> <u>second</u> degree felony and shall be sentenced
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0006|     pursuant to the provisions of Section 31-18-15 NMSA 1978,
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0007|     provided that violation of speeding laws as set forth in the
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0008|     Motor Vehicle Code shall not per se be a basis for violation of
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0009|     Section
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0010|     66-8-113 NMSA 1978.
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0011|               D.  Any person who commits homicide by vehicle or
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0012|     great bodily injury by vehicle while under the influence of
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0013|     intoxicating liquor or while under the influence of any drug,
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0014|     as provided in Subsection C of this section, <u>and</u> who has
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0015|     incurred a prior DWI conviction within ten years of the
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0016|     occurrence for which he is being sentenced under this section
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0017|     shall have his basic sentence increased by <s>[two]</s> <u>five</u> years
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0018|     for each prior DWI conviction.
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0019|               E.  For the purposes of this section, "prior DWI
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0020|     conviction" means:
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0021|                    (1)  a prior conviction under Section 66-8-102
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0022|     NMSA 1978; or
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0023|                    (2)  a prior conviction in New Mexico or any
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0024|     other jurisdiction, territory or possession of the United
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0025|     States when the criminal act is driving under the influence of
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0001|     alcohol or drugs.
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0002|               F.  Any person who willfully operates a motor
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0003|     vehicle in violation of Subsection C of Section 30-22-1 NMSA
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0004|     1978 and directly or indirectly causes the death of or great
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0005|     bodily injury to a human being is guilty of a third degree
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0006|     felony and shall be sentenced pursuant to the provisions of
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0007|     Section
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0008|     31-18-15 NMSA 1978."
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0009|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0010|     provisions of this act is July 1, 1997.
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0011|                              
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