0001| HOUSE BILL 457
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| TIMOTHY E. MACKO
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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 MOTOR VEHICLES; INCREASING THE MANDATORY PERIOD OF
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0012| INCARCERATION FOR A PERSON WHO DRIVES WHEN HIS LICENSE IS
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0013| SUSPENDED OR REVOKED FOR DRIVING WHILE UNDER THE INFLUENCE OF
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0014| INTOXICATING LIQUOR OR DRUGS; AMENDING A SECTION OF THE NMSA
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0015| 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 66-5-39 NMSA 1978 (being Laws 1978,
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0019| Chapter 35, Section 261, as amended) is amended to read:
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0020| "66-5-39. DRIVING WHILE LICENSE SUSPENDED OR REVOKED--
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0021| PROVIDING PENALTIES.--
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0022| A. Any person who drives a motor vehicle on any
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0023| public highway of this state at a time when his privilege to
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0024| do so is suspended or revoked and who knows or should have
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0025| known that his license was suspended or revoked is guilty of a
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0001| misdemeanor and shall be charged with a violation of this
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0002| section. Upon conviction, the person shall be punished,
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0003| notwithstanding the provisions of Section 31-18-13 NMSA 1978,
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0004| by imprisonment for not less than four days or more than three
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0005| hundred sixty-four days or participation for an equivalent
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0006| period of time in a certified alternative sentencing program,
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0007| and there may be imposed in addition a fine of not more than
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0008| one thousand dollars ($1,000). When a person pays any or all
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0009| of the cost of participating in a certified alternative
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0010| sentencing program, the court may apply that payment as a
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0011| deduction to any fine imposed by the court. Notwithstanding
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0012| any other provision of law for suspension or deferment of
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0013| execution of a sentence, if the person's privilege to drive
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0014| was revoked for driving while under the influence of
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0015| intoxicating liquor or drugs or a violation of the Implied
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0016| Consent Act, upon conviction under this section, that person
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0017| shall be punished by imprisonment for not less than ~[seven
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0018| consecutive days]~ |six months| and shall be fined not less
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0019| than three hundred dollars ($300) or not more than one
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0020| thousand dollars ($1,000) and the fine and imprisonment shall
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0021| not be suspended, deferred or taken under advisement. No
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0022| other disposition by plea of guilty to any other charge in
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0023| satisfaction of a charge under this section shall be
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0024| authorized if the person's privilege to drive was revoked for
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0025| driving while under the influence of intoxicating liquor or
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0001| drugs or a violation of the Implied Consent Act. Any
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0002| municipal ordinance prohibiting driving with a suspended or
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0003| revoked license shall provide penalties no less stringent than
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0004| provided in this section.
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0005| B. In addition to any other penalties imposed
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0006| pursuant to the provisions of this section, when a person is
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0007| convicted pursuant to the provisions of this section or a
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0008| municipal ordinance that prohibits driving on a suspended or
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0009| revoked license, the motor vehicle the person was driving
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0010| shall be immobilized by an immobilization device for thirty
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0011| days, unless immobilization of the motor vehicle poses an
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0012| imminent danger to the health, safety or employment of the
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0013| convicted person's immediate family or the family of the owner
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0014| of the motor vehicle. The convicted person shall bear the
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0015| cost of immobilizing the motor vehicle.
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0016| C. The division, upon receiving a record of the
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0017| conviction of any person under this section upon a charge of
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0018| driving a vehicle while the license of the person was
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0019| suspended, shall extend the period of suspension for an
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0020| additional like period, and if the conviction was upon a
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0021| charge of driving while a license was revoked, the division
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0022| shall not issue a new license for an additional period of one
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0023| year from the date the person would otherwise have been
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0024| entitled to apply for a new license."
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0025| Section 2. EFFECTIVE DATE.--The effective date of the
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0001| provisions of this act is July 1, 1998.
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0002|
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