HOUSE BILL 458

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Cathrynn N. Brown

AN ACT

RELATING TO DRIVER'S LICENSES; EXPANDING THE SCOPE OF OFFENSES THAT CAUSE IMMEDIATE REVOCATION OF A DRIVER'S LICENSE.

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

     SECTION 1. Section 66-5-29 NMSA 1978 (being Laws 1978, Chapter 35, Section 251, as amended) is amended to read:

     "66-5-29. MANDATORY REVOCATION OF LICENSE BY DIVISION.--

          A. The division shall immediately revoke the driving privilege or driver's license of a driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:

                (1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;

                (2) any offense rendering a person a "first offender" as defined in the Motor Vehicle Code;

                (3) any offense rendering a person a "subsequent offender" as defined in the Motor Vehicle Code;

                (4) any felony in the commission of which a motor vehicle is used;

                (5) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

                (6) perjury or the making of a false affidavit or statement under oath to the division under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; [or]

                (7) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months; or

                (8) any offense under the federal Controlled Substances Act, the New Mexico Controlled Substances Act or any other drug offense.

          B. Except as provided in the Ignition Interlock Licensing Act and in Subsection C, D, E, [or] F or G of this section, a person whose driving privilege or driver's license has been revoked under this section shall not be entitled to apply for or receive a new license until one year from the date that the conviction is final and all rights to an appeal have been exhausted.

          C. A person who upon adjudication as a delinquent for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section 66-8-102 NMSA 1978 is subject to revocation of the driving privilege or driver's license under this section for an offense pursuant to which the person was also subject to revocation of the driving privilege or driver's license pursuant to Section 66-8-111 NMSA 1978 shall have the person's driving privilege or driver's license revoked for that offense for a combined period of time equal to:

                (1) one year for a first offender; or

                (2) for a subsequent offender:

                     (a) two years for a second conviction;

                     (b) three years for a third conviction; or

                     (c) the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review, as provided in Sections 66-5-5 and 66-8-102 NMSA 1978.

          D. The division shall apply the license revocation provisions of Subsection C of this section and the provisions of Subsection D of Section 66-5-5 NMSA 1978 to a person who was three or more times convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs and who has a driver's license revocation pursuant to the law in effect prior to June 17, 2005, upon the request of the person and if the person has had an ignition interlock license for three years or more and has proof from the ignition interlock vendor of no violations of the ignition interlock device in the previous six months.

          E. Upon receipt of an order from a court pursuant to Section 32A-2-19 NMSA 1978 or Subsection G of Section 32A-2-22 NMSA 1978, the division shall revoke the driver's license or driving privileges for a period of time in accordance with these provisions.

          F. Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit that offense, the division shall revoke the driver's license or driving privileges of the convicted person. A person whose driver's license or driving privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new driver's license or driving privilege until one year from the date that the conviction is final and all rights to an appeal have been exhausted.

          G. A person whose driving privilege or driver's license has been revoked based on a violation of any offense under the federal Controlled Substances Act or New Mexico's Controlled Substances Act or any other drug offense shall not be entitled to apply for or receive a new license until six months from the date that the conviction is final and all rights to an appeal have been exhausted."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2015.

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