0001|                           SENATE BILL 741
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                            L. SKIP VERNON
    |
0005|     
    |
0006|                                   
    |
0007|     
    |
0008|                                   
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO PUBLIC SAFETY; PROVIDING FOR THE FORFEITURE OF
    |
0012|     MOTOR VEHICLES OPERATED BY PERSONS CONVICTED A THIRD OR
    |
0013|     SUBSEQUENT TIME FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING
    |
0014|     LIQUOR OR DRUGS; ENACTING NEW SECTIONS OF THE MOTOR VEHICLE
    |
0015|     CODE.
    |
0016|     
    |
0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0018|          Section 1.  A new section of the Motor Vehicle Code is
    |
0019|     enacted to read: 
    |
0020|          "[<u>NEW MATERIAL</u>] VEHICLE NUISANCE--FORFEITURE.--A motor
    |
0021|     vehicle is hereby declared to be a nuisance and subject to
    |
0022|     forfeiture pursuant to the provisions of the Motor Vehicle Code
    |
0023|     if it is:
    |
0024|               A.  operated by a person who, as a result of
    |
0025|     operating the vehicle, is convicted a third or subsequent time
    |
0001|     for driving under the influence of intoxicating liquor or
    |
0002|     drugs; or
    |
0003|               B.  operated by a person whose license is suspended
    |
0004|     or revoked as a result of being convicted for driving under the
    |
0005|     influence of intoxicating liquor or drugs in violation of
    |
0006|     Section 66-8-102 NMSA 1978 or pursuant to Section 66-8-111 NMSA
    |
0007|     1978."
    |
0008|          Section 2. A new section of the Motor Vehicle Code is
    |
0009|     enacted to read: 
    |
0010|          "[<u>NEW MATERIAL</u>]  FORFEITURE PROCEDURE.--
    |
0011|               A.  Motor vehicles subject to forfeiture under the
    |
0012|     Motor Vehicle Code may be seized by any police officer of the
    |
0013|     city upon an order issued by the district court.
    |
0014|               B.  Seizure without such an order may be made if
    |
0015|     seizure is incident to an arrest by the driver of the motor
    |
0016|     vehicle for driving while his license is suspended or revoked
    |
0017|     for driving while intoxicated.
    |
0018|               C.  A motor vehicle taken or detained under the
    |
0019|     Motor Vehicle Code shall not be subject to replevin but is
    |
0020|     deemed to be in the custody of the police department seizing
    |
0021|     it, subject only to the orders and decrees of the district
    |
0022|     court.  The police officer may take custody of the motor
    |
0023|     vehicle and remove it to an appropriate and official location
    |
0024|     within the district court's jurisdiction for disposition in
    |
0025|     accordance with this act.
    |
0001|               D.  In the event of seizure pursuant to Subsection B
    |
0002|     of this section, proceedings under the Rules of Civil Procedure
    |
0003|     for the District Courts shall be instituted promptly and not
    |
0004|     later than thirty days after seizure.  Any person who, pursuant
    |
0005|     to the records of the motor vehicle division of the taxation
    |
0006|     and revenue department, has an ownership or security interest
    |
0007|     in the subject motor vehicle shall be served with notice of the
    |
0008|     forfeiture proceedings.
    |
0009|               E.  When a motor vehicle is forfeited pursuant to
    |
0010|     this act, the seizing law enforcement agency shall sell the
    |
0011|     motor vehicle, and the proceeds shall revert to the general
    |
0012|     fund of the state, county or municipality, as the case may be."
    |
0013|          Section 3.  A new section of the Motor Vehicle code is
    |
0014|     enacted to read: 
    |
0015|          "[<u>NEW MATERIAL</u>]  PROPERTY INTEREST NOT SUBJECT TO
    |
0016|     FORFEITURE.--Notwithstanding the provisions of Section 2 of
    |
0017|     this act, any forfeiture shall be subject to the interest of:
    |
0018|               A.  any owner or co-owner of record who did not have
    |
0019|     knowledge and did not consent to the use of the vehicle by the
    |
0020|     driver who caused the vehicle to become a nuisance; and
    |
0021|               B.  any secured party, to the extent of a perfected
    |
0022|     security interest, if the secured party proves that the
    |
0023|     security interest was acquired in good faith with no knowledge
    |
0024|     or reason to believe that the vehicle would be used by the
    |
0025|     driver who caused the vehicle to become a nuisance."
    |
0001|          Section 4.  SEVERABILITY.--If any part or application of
    |
0002|     this act is held invalid, the remainder or its application to
    |
0003|     other situations or persons shall not be affected.
    |
0004|                                    
    |
0005|   
    |
0006|                         FORTY-THIRD LEGISLATURE
    |
0007|                           FIRST SESSION, 1997
    |
0008|   
    |
0009|   
    |
0010|                                                    February 28, 1997
    |
0011|   
    |
0012|   Mr. President:
    |
0013|   
    |
0014|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
    |
0015|   
    |
0016|                             SENATE BILL 741
    |
0017|   
    |
0018|   has had it under consideration and reports same WITHOUT
    |
0019|   RECOMMENDATION, and thence referred to the JUDICIARY
    |
0020|   COMMITTEE.
    |
0021|   
    |
0022|                                Respectfully submitted,
    |
0023|   
    |
0024|   
    |
0025|   
    |
0001|                                __________________________________
    |
0002|                                Shannon Robinson, Chairman 
    |
0003|   
    |
0004|   
    |
0005|   Adopted_______________________   Not Adopted_______________________
    |
0006|             (Chief Clerk)                          (Chief Clerk)
    |
0007|   
    |
0008|   
    |
0009|                     Date ________________________
    |
0010|   
    |
0011|   
    |
0012|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
    |
0013|           Yes:    7
    |
0014|           No:     0
    |
0015|                Excused:     Ingle, Vernon
    |
0016|           Absent: None
    |
0017|   
    |
0018|   
    |
0019|   
    |
0020|   S0741PA1                                                          
    |
0021|   
    |