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SENATE JOINT MEMORIAL 62

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Linda M. Lopez

A JOINT MEMORIAL

REQUESTING THE CREATION OF A TASK FORCE TO STUDY AND MAKE

RECOMMENDATIONS ON THE DECRIMINALIZATION OF TRAFFIC OFFENSES.

WHEREAS, nationally, at the state and local government

level, jurisdictions are examining the costs to the criminal

justice system of the traffic citation warrant process; and

WHEREAS, currently traffic warrants represent more than

one-half of all outstanding warrants; and

WHEREAS, research data collected has demonstrated that

criminal traffic warrants do not deter a habitual traffic

offender from disregarding traffic laws nor do they provide

increased safety on the public highways; and

WHEREAS, some jurisdictions have amended their traffic

codes to provide for civil penalties on traffic violations

rather than criminal penalties and fines; and

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WHEREAS, criminal justice communities that have

decriminalized traffic citations agree that decriminalizing the

traffic code and recasting traffic violations as civil

infractions represents a better use of resources, does not

jeopardize public safety and decreases the incarcerated

population;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE

STATE OF NEW MEXICO that the administrative office of the

courts be requested to convene a task force consisting of

representatives from the New Mexico association of counties,

the New Mexico municipal league, the public defender

department, the New Mexico district attorneys association and

the motor vehicle division of the taxation and revenue

department to study the feasibility of and procedure for

decriminalizing traffic offenses and recasting traffic

violations as civil infractions; and

BE IT FURTHER RESOLVED that a representative of the task

force report on the study and any recommendations to the

appropriate interim legislative committee no later than

November 2007; and

BE IT FURTHER RESOLVED that a copy of this memorial be

transmitted to the administrative office of the courts.

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