HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 598

46th legislature - STATE OF NEW MEXICO - second session, 2004

AN ACT

RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; INCREASING THE SENTENCING ENHANCEMENT FOR PRIOR DWI CONVICTIONS WHEN A PERSON COMMITS HOMICIDE BY VEHICLE OR GREAT BODILY HARM BY VEHICLE WHILE DWI; AMENDING A SECTION OF THE NMSA 1978.

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

     Section 1. Section 66-8-101 NMSA 1978 (being Laws 1978, Chapter 35, Section 509, as amended) is amended to read:

     "66-8-101. HOMICIDE BY VEHICLE--GREAT BODILY [INJURY] HARM BY VEHICLE.--

          A. Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle.

          B. Great bodily [injury] harm by vehicle is the injuring of a human being, to the extent defined in Section 30-1-12 NMSA 1978, in the unlawful operation of a motor vehicle.

          C. [Any] A person who commits homicide by vehicle or great bodily [injury] harm by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, provided that violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.

          D. [Any] A person who commits homicide by vehicle or great bodily [injury] harm by vehicle while under the influence of intoxicating liquor or while under the influence of any drug, as provided in Subsection C of this section, and who has incurred a prior DWI conviction within ten years of the occurrence for which he is being sentenced under this section shall have his basic sentence increased by [two] four years for each prior DWI conviction.

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

                (1) a prior conviction under 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 or of a tribe when the criminal act is driving under the influence of alcohol or drugs.

          F. [Any] A person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 NMSA 1978 and directly or indirectly causes the death of or great bodily [injury] harm to a human being is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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