0001| HOUSE BILL 789
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| THOMAS G. DOLLIVER
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO CORRECTIONS; INCREASING THE PENALTIES FOR HOMICIDE
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0013| BY VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR
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0014| DRUGS AND FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING
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0015| LIQUOR OR DRUGS; AMENDING CERTAIN SECTIONS OF THE MOTOR VEHICLE
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0016| CODE.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. Section 66-8-101 NMSA 1978 (being Laws 1978,
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0020| Chapter 35, Section 509, as amended) is amended to read:
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0021| "66-8-101. HOMICIDE BY VEHICLE--GREAT BODILY INJURY BY
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0022| VEHICLE.--
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0023| A. Homicide by vehicle is the killing of a human
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0024| being in the unlawful operation of a motor vehicle.
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0025| B. Great bodily injury by vehicle is the injuring of
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0001| a human being, to the extent defined in Section 30-1-12 NMSA
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0002| 1978, in the unlawful operation of a motor vehicle.
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0003| C. Any person who commits homicide by vehicle while
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0004| under the influence of intoxicating liquor or while under the
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0005| influence of any drug shall be punished, notwithstanding the
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0006| provisions of Section 31-18-13 NMSA 1978, upon conviction by
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0007| imprisonment for not less than ten years. The jail sentence
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0008| imposed under this subsection shall not be suspended, deferred
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0009| or taken under advisement.
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0010| [C.] D. Any person who commits [homicide by
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vehicle or] great bodily injury by vehicle while under the
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0012| influence of intoxicating liquor or while under the influence of
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0013| any drug or while violating Section 66-8-113 NMSA 1978 is guilty
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0014| of a third degree felony and shall be sentenced pursuant to the
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0015| provisions of Section 31-18-15 NMSA 1978, provided that
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0016| violation of speeding laws as set forth in the Motor Vehicle
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0017| Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.
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0018| [D.] E. Any person who commits homicide by
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0019| vehicle or great bodily injury by vehicle while under the
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0020| influence of intoxicating liquor or while under the influence of
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0021| any drug, as provided in Subsection C or D of this section,
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0022| and who has incurred a prior DWI conviction within ten years
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0023| of the occurrence for which he is being sentenced under this
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0024| section shall have his basic sentence increased by two years for
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0025| each prior DWI conviction.
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0001| [E.] F. For the purposes of this section, "prior
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0002| DWI conviction" means:
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0003| (1) a prior conviction under Section 66-8-102
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0004| NMSA 1978; or
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0005| (2) a prior conviction in New Mexico or any
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0006| other jurisdiction, territory or possession of the United States
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0007| when the criminal act is driving under the influence of alcohol
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0008| or drugs.
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0009| [F.] G. Any person who willfully operates a
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0010| motor vehicle in violation of Subsection C of Section 30-22-1
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0011| NMSA 1978 and directly or indirectly causes the death of or
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0012| great bodily injury to a human being is guilty of a third degree
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0013| felony and shall be sentenced pursuant to the provisions of
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0014| Section 31-18-15 NMSA 1978."
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0015| Section 2. Section 66-8-102 NMSA 1978 (being Laws 1953,
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0016| Chapter 139, Section 54, as amended) is amended to read:
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0017| "66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR
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0018| OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF
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0019| INTOXICATING LIQUOR OR DRUGS--PENALTY.--
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0020| A. It is unlawful for any person who is under the
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0021| influence of intoxicating liquor to drive any vehicle within
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0022| this state.
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0023| B. It is unlawful for any person who is under the
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0024| influence of any drug to a degree that renders him incapable of
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0025| safely driving a vehicle to drive any vehicle within this state.
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0001| C. It is unlawful for any person who has an alcohol
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0002| concentration of eight one-hundredths or more in his blood or
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0003| breath to drive any vehicle within this state.
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0004| D. Aggravated driving while under the influence of
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0005| intoxicating liquor or drugs consists of a person who:
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0006| (1) has an alcohol concentration of sixteen
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0007| one-hundredths or more in his blood or breath while driving any
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0008| vehicle within this state;
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0009| (2) has caused bodily injury to a human being
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0010| as a result of the unlawful operation of a motor vehicle while
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0011| driving under the influence of intoxicating liquor or drugs; or
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0012| (3) refused to submit to chemical testing, as
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0013| provided for in the Implied Consent Act, and in the judgment of
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0014| the court, based upon evidence of intoxication presented to the
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0015| court, the person was under the influence of intoxicating liquor
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0016| or drugs.
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0017| E. Every person [under] upon a first conviction
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0018| under this section shall be punished, notwithstanding the
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0019| provisions of Section 31-18-13 NMSA 1978, by imprisonment for
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0020| not less than forty-eight consecutive hours or more than
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0021| ninety days or by a fine of not less than two hundred fifty
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0022| dollars ($250) or more than five hundred dollars ($500), or
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0023| both. [provided that if the sentence is suspended in whole or
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in part or deferred] The jail sentence imposed under this
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0025| subsection shall not be suspended, deferred or taken under
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0001| advisement. The period of probation may extend beyond ninety
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0002| days but shall not exceed one year. Upon a first conviction
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0003| under this section, an offender may be sentenced to not less
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0004| than forty-eight hours of community service [or a fine of three
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hundred dollars ($300)]. The offender shall be ordered by the
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0006| court to attend a driver rehabilitation program for alcohol or
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0007| drugs, also known as a "DWI school", approved by the traffic
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0008| safety bureau of the state highway and transportation department
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0009| and also may be required to participate in other rehabilitative
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0010| services as the court shall determine to be necessary. In
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0011| addition to those penalties, when an offender commits aggravated
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0012| driving while under the influence of intoxicating liquor or
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0013| drugs, the offender shall be sentenced to not less than [forty-eight] ninety-six consecutive hours in jail and a fine of
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0014| five hundred dollars ($500). If an offender fails to complete,
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0015| within a time specified by the court, any community service,
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0016| screening program, treatment program or DWI school ordered by
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0017| the court, the offender shall be sentenced to not less than an
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0018| additional forty-eight consecutive hours in jail. Any jail
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0019| sentence imposed under this subsection for failure to complete,
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0020| within a time specified by the court, any community service,
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0021| screening program, treatment program or DWI school ordered by
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0022| the court or for aggravated driving while under the influence of
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0023| intoxicating liquor or drugs shall not be suspended, deferred or
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0024| taken under advisement. On a first conviction under this
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0025| section, any time spent in jail for the offense prior to the
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0001| conviction for that offense shall be credited to any term of
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0002| imprisonment fixed by the court. [A deferred sentence under
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this subsection shall be considered a first conviction for the
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purpose of determining subsequent convictions.]
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0005| F. A second or third conviction under this section
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0006| shall be punished, notwithstanding the provisions of Section
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0007| 31-18-13 NMSA 1978, by imprisonment for not more than three
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0008| hundred sixty-four days or by a fine of not more than one
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0009| thousand dollars ($1,000), or both; provided that if the
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0010| sentence is suspended [in whole or] in part, the period of
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0011| probation may extend beyond one year but shall not exceed five
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0012| years. Notwithstanding any provision of law to the contrary for
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0013| suspension or deferment of execution of a sentence:
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0014| (1) upon a second conviction, each offender
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0015| shall be sentenced to a jail term of not less than [seventy-two
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consecutive hours] thirty consecutive days, forty-eight hours
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0017| of community service and a fine of five hundred dollars ($500).
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0018| In addition to those penalties, when an offender commits
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0019| aggravated driving while under the influence of intoxicating
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0020| liquor or drugs, the offender shall be sentenced to a jail term
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0021| of not less than [ninety-six consecutive hours] sixty
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0022| consecutive days. If an offender fails to complete, within a
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0023| time specified by the court, any community service, screening
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0024| program or treatment program ordered by the court, the offender
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0025| shall be sentenced to not less than an additional seven
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0001| consecutive days in jail. A penalty imposed pursuant to this
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0002| paragraph shall not be suspended or deferred or taken under
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0003| advisement; and
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0004| (2) upon a third [conviction, an offender
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shall be sentenced to a jail term of not less than thirty
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consecutive days and a fine of seven hundred fifty dollars
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($750)] or subsequent conviction under this section, an
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0008| offender is guilty of a fourth degree felony, as provided in
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0009| Section 31-18-15 NMSA 1978, and shall be sentenced to a jail
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0010| term of not less than one year and a fine of seven hundred fifty
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0011| dollars ($750), which shall not be suspended or deferred or
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0012| taken under advisement. In addition to those penalties, when
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0013| an offender commits aggravated driving while under the influence
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0014| of intoxicating liquor or drugs, the offender shall be sentenced
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0015| to a jail term of not less than [sixty consecutive days] nine
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0016| months. If an offender fails to complete, within a time
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0017| specified by the court, any screening program or treatment
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0018| program ordered by the court, the offender shall be sentenced to
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0019| not less than an additional sixty consecutive days in jail. A
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0020| penalty imposed pursuant to this paragraph shall not be
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0021| suspended or deferred or taken under advisement.
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0022| [G. Upon a fourth or subsequent conviction under
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this section, an offender is guilty of a fourth degree felony,
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as provided in Section 31-18-15 NMSA 1978, and shall be
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sentenced to a jail term of not less than six months, which
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shall not be suspended or deferred or taken under advisement.
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H.] G. Upon any conviction under this section,
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0003| an offender shall be required to participate in and complete,
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0004| within a time specified by the court, an alcohol or drug abuse
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0005| screening program and if necessary, a treatment program approved
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0006| by the court.
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0007| [I.] H. In the case of a first, second or third
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0008| offense under this section, the magistrate court has concurrent
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0009| jurisdiction with district courts to try the offender.
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0010| [J.] I. A conviction under a municipal or
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0011| county ordinance prescribing penalties for driving while under
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0012| the influence of intoxicating liquor or drugs shall be deemed to
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0013| be a conviction under this section for purposes of determining
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0014| whether a conviction is a second or subsequent conviction.
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0015| [K.] J. In addition to any other fine or fee
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0016| which may be imposed pursuant to the conviction or other
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0017| disposition of the offense under this section, the court may
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0018| order the offender to pay the costs of any court-ordered
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0019| screening and treatment programs.
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0020| [L.] K. As used in this section:
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0021| (1) "bodily injury" means an injury to a person
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0022| that is not likely to cause death or great bodily harm to the
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0023| person, but does cause painful temporary disfigurement or
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0024| temporary loss or impairment of the functions of any member or
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0025| organ of the person's body; and
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0001| (2) "conviction" means an adjudication of guilt
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0002| and does not include imposition of a sentence."
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0003| State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-SECOND LEGISLATURE
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0007| SECOND SESSION, 1996
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0008|
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0009|
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0010| February 11, 1996
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your CONSUMER AND PUBLIC AFFAIRS COMMITTEE, to
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0016| whom has been referred
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0017|
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0018| HOUSE BILL 789
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS, amended as follows:
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0022|
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0023|
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0024| 1. On page 1, strike lines 13 through 15 and insert in lieu
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0025| thereof "DRUGS; AMENDING A SECTION OF THE MOTOR VEHICLE CODE.".
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0001|
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0002| 2. On page 3, strike lines 14 through 25 and strike all of
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0003| pages 4 through 9.,
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0004|
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0005| and thence referred to the JUDICIARY COMMITTEE.
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0006|
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0007| Respectfully submitted,
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0008|
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0009|
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0010|
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0011|
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0012| Gary K. King, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 8 For 0 Against
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0022| Yes: 8
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0023| Excused: Baca, Charley, Vigil
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0024| Absent: None
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0025|
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0001|
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0002| .112135.1
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0003| H0789CP1 State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-SECOND LEGISLATURE
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0007| SECOND SESSION, 1996
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0008|
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0009|
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0010| February 13, 1996
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your JUDICIARY COMMITTEE, to whom has been referred
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0016|
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0017| HOUSE BILL 789, as amended
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, and thence referred to the
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0021| APPROPRIATIONS AND FINANCE COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| Cisco McSorley, Chairman
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date
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0011|
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0012| The roll call vote was 10 For 1 Against
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0013| Yes: 10
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0014| No: Pederson
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0015| Excused: Sanchez, R.G., Stewart
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0016| Absent: None
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0017|
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0018|
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0019|
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0020|
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0021| H0789JC1
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