0001| HOUSE BILL 415 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| CISCO MCSORLEY | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO MOTOR VEHICLES; AUTHORIZING THE USE OF CONVICTIONS | 0013| FROM OTHER JURISDICTIONS FOR DRIVING WHILE UNDER THE INFLUENCE | 0014| OF INTOXICATING LIQUOR OR DRUGS AS PRIOR CONVICTIONS; AMENDING A | 0015| SECTION OF THE MOTOR VEHICLE CODE. | 0016| | 0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0018| Section 1. Section 66-8-102 NMSA 1978 (being Laws 1953, | 0019| Chapter 139, Section 54, as amended) is amended to read: | 0020| "66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR | 0021| OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF | 0022| INTOXICATING LIQUOR OR DRUGS--PENALTY.-- | 0023| A. It is unlawful for any person who is under the | 0024| influence of intoxicating liquor to drive any vehicle within | 0025| this state. | 0001| B. It is unlawful for any person who is under the | 0002| influence of any drug to a degree that renders him incapable of | 0003| safely driving a vehicle to drive any vehicle within this state. | 0004| C. It is unlawful for any person who has an alcohol | 0005| concentration of eight one-hundredths or more in his blood or | 0006| breath to drive any vehicle within this state. | 0007| D. Aggravated driving while under the influence of | 0008| intoxicating liquor or drugs consists of a person who: | 0009| (1) has an alcohol concentration of sixteen | 0010| one-hundredths or more in his blood or breath while driving any | 0011| vehicle within this state; | 0012| (2) has caused bodily injury to a human being | 0013| as a result of the unlawful operation of a motor vehicle while | 0014| driving under the influence of intoxicating liquor or drugs; or | 0015| (3) refused to submit to chemical testing, as | 0016| provided for in the Implied Consent Act, and in the judgment of | 0017| the court, based upon evidence of intoxication presented to the | 0018| court, the person was under the influence of intoxicating liquor | 0019| or drugs. | 0020| E. Every person under first conviction under this | 0021| section shall be punished, notwithstanding the provisions of | 0022| Section 31-18-13 NMSA 1978, by imprisonment for not more than | 0023| ninety days or by a fine of not more than five hundred dollars | 0024| ($500), or both; provided that if the sentence is suspended in | 0025| whole or in part or deferred, the period of probation may extend | 0001| beyond ninety days but shall not exceed one year. Upon a first | 0002| conviction under this section, an offender may be sentenced to | 0003| not less than forty-eight hours of community service or a fine | 0004| of three hundred dollars ($300). The offender shall be ordered | 0005| by the court to attend a driver rehabilitation program for | 0006| alcohol or drugs, also known as a "DWI school", approved by the | 0007| traffic safety bureau of the state highway and transportation | 0008| department and also may be required to participate in other | 0009| rehabilitative services as the court shall determine to be | 0010| necessary. In addition to those penalties, when an offender | 0011| commits aggravated driving while under the influence of | 0012| intoxicating liquor or drugs, the offender shall be sentenced to | 0013| not less than forty-eight consecutive hours in jail. If an | 0014| offender fails to complete, within a time specified by the | 0015| court, any community service, screening program, treatment | 0016| program or DWI school ordered by the court, the offender shall | 0017| be sentenced to not less than an additional forty-eight | 0018| consecutive hours in jail. Any jail sentence imposed under this | 0019| subsection for failure to complete, within a time specified by | 0020| the court, any community service, screening program, treatment | 0021| program or DWI school ordered by the court or for aggravated | 0022| driving while under the influence of intoxicating liquor or | 0023| drugs shall not be suspended, deferred or taken under | 0024| advisement. On a first conviction under this section, any time | 0025| spent in jail for the offense prior to the conviction for that | 0001| offense shall be credited to any term of imprisonment fixed by | 0002| the court. A deferred sentence under this subsection shall be | 0003| considered a first conviction for the purpose of determining | 0004| subsequent convictions. | 0005| F. A second or third conviction under this section | 0006| shall be punished, notwithstanding the provisions of Section | 0007| 31-18-13 NMSA 1978, by imprisonment for not more than three | 0008| hundred sixty-four days or by a fine of not more than one | 0009| thousand dollars ($1,000), or both; provided that if the | 0010| sentence is suspended in whole or in part, the period of | 0011| probation may extend beyond one year but shall not exceed five | 0012| years. Notwithstanding any provision of law to the contrary for | 0013| suspension or deferment of execution of a sentence: | 0014| (1) upon a second conviction, each offender | 0015| shall be sentenced to a jail term of not less than seventy-two | 0016| consecutive hours, forty-eight hours of community service and a | 0017| fine of five hundred dollars ($500). In addition to those | 0018| penalties, when an offender commits aggravated driving while | 0019| under the influence of intoxicating liquor or drugs, the | 0020| offender shall be sentenced to a jail term of not less than | 0021| ninety-six consecutive hours. If an offender fails to complete, | 0022| within a time specified by the court, any community service, | 0023| screening program or treatment program ordered by the court, the | 0024| offender shall be sentenced to not less than an additional seven | 0025| consecutive days in jail. A penalty imposed pursuant to this | 0001| paragraph shall not be suspended or deferred or taken under | 0002| advisement; and | 0003| (2) upon a third conviction, an offender shall | 0004| be sentenced to a jail term of not less than thirty consecutive | 0005| days and a fine of seven hundred fifty dollars ($750). In | 0006| addition to those penalties, when an offender commits aggravated | 0007| driving while under the influence of intoxicating liquor or | 0008| drugs, the offender shall be sentenced to a jail term of not | 0009| less than sixty consecutive days. If an offender fails to | 0010| complete, within a time specified by the court, any screening | 0011| program or treatment program ordered by the court, the offender | 0012| shall be sentenced to not less than an additional sixty | 0013| consecutive days in jail. A penalty imposed pursuant to this | 0014| paragraph shall not be suspended or deferred or taken under | 0015| advisement. | 0016| G. Upon a fourth or subsequent conviction under this | 0017| section, an offender is guilty of a fourth degree felony, as | 0018| provided in Section 31-18-15 NMSA 1978, and shall be sentenced | 0019| to a jail term of not less than six months, which shall not be | 0020| suspended or deferred or taken under advisement. | 0021| H. Upon any conviction under this section, an | 0022| offender shall be required to participate in and complete, | 0023| within a time specified by the court, an alcohol or drug abuse | 0024| screening program and if necessary, a treatment program approved | 0025| by the court. | 0001| I. In the case of a first, second or third offense | 0002| under this section, the magistrate court has concurrent | 0003| jurisdiction with district courts to try the offender. | 0004| J. A conviction under a municipal or county | 0005| ordinance in New Mexico or a law of any other jurisdiction, | 0006| territory or possession of the United States prescribing | 0007| penalties for driving while under the influence of intoxicating | 0008| liquor or drugs shall be deemed to be a conviction under this | 0009| section for purposes of determining whether a conviction is a | 0010| second or subsequent conviction. | 0011| K. In addition to any other fine or fee which may be | 0012| imposed pursuant to the conviction or other disposition of the | 0013| offense under this section, the court may order the offender to | 0014| pay the costs of any court-ordered screening and treatment | 0015| programs. | 0016| L. As used in this section: | 0017| (1) "bodily injury" means an injury to a person | 0018| that is not likely to cause death or great bodily harm to the | 0019| person, but does cause painful temporary disfigurement or | 0020| temporary loss or impairment of the functions of any member or | 0021| organ of the person's body; and | 0022| (2) "conviction" means an adjudication of guilt | 0023| and does not include imposition of a sentence." | 0024| Section 2. EFFECTIVE DATE.--The effective date of the | 0025| provisions of this act is July 1, 1996. | 0001|  State of New Mexico | 0002| House of Representatives | 0003| | 0004| FORTY-SECOND LEGISLATURE | 0005| SECOND SESSION, 1996 | 0006| | 0007| | 0008| February 5, 1996 | 0009| | 0010| | 0011| Mr. Speaker: | 0012| | 0013| Your JUDICIARY COMMITTEE, to whom has been referred | 0014| | 0015| HOUSE BILL 415 | 0016| | 0017| has had it under consideration and reports same with | 0018| recommendation that it DO PASS, and thence referred to the | 0019| APPROPRIATIONS & FINANCE COMMITTEE. | 0020| | 0021| Respectfully submitted, | 0022| | 0023| | 0024| | 0025| | 0001| Cisco McSorley, Chairman | 0002| | 0003| | 0004| Adopted Not Adopted | 0005| | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| Date | 0009| | 0010| The roll call vote was 8 For 0 Against | 0011| Yes: 8 | 0012| Excused: Baca, King, Sanchez, R.G., Stewart, McSorley | 0013| Absent: None | 0014| | 0015| | 0016| | 0017| | 0018| HO415JC1 State of New Mexico | 0019| House of Representatives | 0020| | 0021| FORTY-SECOND LEGISLATURE | 0022| SECOND SESSION, 1996 | 0023| | 0024| | 0025| February 7, 1996 | 0001| | 0002| | 0003| Mr. Speaker: | 0004| | 0005| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0006| whom has been referred | 0007| | 0008| HOUSE BILL 415 | 0009| | 0010| has had it under consideration and reports same with | 0011| recommendation that it DO PASS. | 0012| | 0013| Respectfully submitted, | 0014| | 0015| | 0016| | 0017| | 0018| Max Coll, Chairman | 0019| | 0020| | 0021| Adopted Not Adopted | 0022| | 0023| (Chief Clerk) (Chief Clerk) | 0024| | 0025| Date | 0001| | 0002| The roll call vote was 13 For 0 Against | 0003| Yes: 13 | 0004| Excused: Bird, Buffett, Coll, Martinez, Watchman | 0005| Absent: None | 0006| | 0007| | 0008| | 0009| H0415AF1 | 0010| | 0011| FORTY-SECOND LEGISLATURE | 0012| SECOND SESSION, 1996 | 0013| | 0014| | 0015| February 12, 1996 | 0016| | 0017| Mr. President: | 0018| | 0019| Your JUDICIARY COMMITTEE, to whom has been referred | 0020| | 0021| HOUSE BILL 415 | 0022| | 0023| has had it under consideration and reports same with | 0024| recommendation that it DO PASS, and thence referred to the | 0025| FINANCE COMMITTEE. | 0001| | 0002| Respectfully submitted, | 0003| | 0004| | 0005| | 0006| __________________________________ | 0007| Janice D. Paster, Chairman | 0008| | 0009| | 0010| | 0011| Adopted_______________________ Not Adopted_______________________ | 0012| (Chief Clerk) (Chief Clerk) | 0013| | 0014| | 0015| Date ________________________ | 0016| | 0017| | 0018| The roll call vote was 6 For 0 Against | 0019| Yes: 6 | 0020| No: 0 | 0021| Excused: None | 0022| Absent: Carraro, Sanchez, Tsosie | 0023| | 0024| | 0025| H0415JU1 | 0001| | 0002| | 0003| | 0004| FORTY-SECOND LEGISLATURE | 0005| SECOND SESSION, 1996 | 0006| | 0007| | 0008| February 14, 1996 | 0009| | 0010| Mr. President: | 0011| | 0012| Your FINANCE COMMITTEE, to whom has been referred | 0013| | 0014| HOUSE BILL 415 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS. | 0018| | 0019| Respectfully submitted, | 0020| | 0021| | 0022| | 0023| __________________________________ | 0024| Ben D. Altamirano, Chairman | 0025| | 0001| | 0002| | 0003| Adopted_______________________ Not Adopted_______________________ | 0004| (Chief Clerk) (Chief Clerk) | 0005| | 0006| | 0007| | 0008| Date ________________________ | 0009| | 0010| | 0011| The roll call vote was 8 For 0 Against | 0012| Yes: 8 | 0013| No: 0 | 0014| Excused: Donisthorpe, Duran, Ingle, Kidd, Kysar | 0015| Absent: None | 0016| | 0017| | 0018| H0415FC1 | 0019| |