HOUSE JOINT MEMORIAL 82

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

William "Bill" R. Rehm

A JOINT MEMORIAL

REQUESTING THE NEW MEXICO SENTENCING COMMISSION TO STUDY WAYS OF AMENDING THE CRIMINAL CODE TO INCLUDE CONSUMPTION OR INGESTION OF AN ILLEGAL DRUG AS POSSESSION OF AN ILLEGAL DRUG.

     WHEREAS, use of illegal drugs continues to be a public safety, law enforcement, corrections and health problem; and

     WHEREAS, persons who use illegal drugs and then drive endanger the lives of others on the street just as if they were under the influence of alcohol; and

     WHEREAS, current state law does not recognize consumption or ingestion of an illegal drug as possession of such a drug; and

     WHEREAS, under current law it is not possible to prosecute a driver who is dangerously impaired from ingesting an illegal narcotic for possession of an illegal drug even if the narcotic led directly to a collision;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that the New Mexico sentencing commission study means of amending New Mexico statutes to make the results of blood or other tests indicating a detectable amount of an illegal drug in a suspect's system as proof of possession of an illegal drug; and

      BE IT FURTHER RESOLVED that the executive director of the New Mexico sentencing commission or the executive director's designee report to the interim courts, corrections and justice committee by October 2006 on ways to amend the Criminal Code to resolve the problem of proving possession of an illegal drug through blood or other tests; and

     BE IT FURTHER RESOLVED that the New Mexico sentencing commission explore and report on the statute defining possession of a drug to include ingestion of the illegal drug; and

     BE IT FURTHER RESOLVED that a copy of this memorial be transmitted to the executive director of the New Mexico sentencing commission.

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