46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE KNOWN AS CHILD ENDANGERMENT; PROVIDING PENALTIES; ENACTING A NEW SECTION OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of Chapter 30, Article 6 NMSA 1978 is enacted to read:

"[NEW MATERIAL] CHILD ENDANGERMENT.--

A. Child endangerment consists of:

(1) a person transporting a child in a motor vehicle while violating the provisions of Section 66-8-102 NMSA 1978, regarding driving while under the influence of intoxicating liquor or drugs; or

(2) a person knowingly allowing another person to transport a child in a motor vehicle when the other person is violating the provisions of Section 66-8-102 NMSA 1978, regarding driving while under the influence of intoxicating liquor or drugs.

B. Whoever commits child endangerment that does not result in injury to the child is guilty of a third degree felony.

C. Whoever commits child endangerment that results in an injury to the child is guilty of a second degree felony.

D. Whoever commits child endangerment that results in great bodily harm to the child or the child's death is guilty of a first degree felony.

E. A person who commits child endangerment as provided in this section, and who has incurred a prior DWI conviction within ten years of the occurrence for which he is being sentenced pursuant to this section, shall have his basic sentence increased by two years for each prior DWI conviction.

F. For the purposes of this section, "prior DWI conviction" means:

(1) a prior conviction pursuant to Section 66-8-102 NMSA 1978; or

(2) a prior conviction in New Mexico or any other jurisdiction, territory or possession of the United States, including a tribal jurisdiction, when the criminal act is driving while under the influence of intoxicating liquor or drugs."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.