HOUSE BILL 159

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Andrea Reeb and William "Bill" R. Rehm

 

 

 

 

 

AN ACT

RELATING TO TRAFFIC OFFENSES; PROVIDING FOR TESTIMONY BY INTERACTIVE VIDEO; PROVIDING FOR IMPLIED CONSENT TO A LABORATORY ANALYST'S APPEARANCE BY VIDEO.

 

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

     SECTION 1. A new section of the Implied Consent Act is enacted to read:

     "[NEW MATERIAL] PROCEDURE--VIDEO APPEARANCE.--If a party subpoenas an analyst to testify at a court proceeding for any purpose, the analyst may appear by interactive video. An interactive video appearance shall provide a full and meaningful opportunity to question and cross-examine the witness in plain sight and clear hearing of the judge, jury, all parties and counsel, with the witness able to clearly see and hear the proceeding."

     SECTION 2. Section 66-8-107 NMSA 1978 (being Laws 1978, Chapter 35, Section 515, as amended) is amended to read:

     "66-8-107. IMPLIED CONSENT TO SUBMIT TO CHEMICAL TEST--COURT APPEARANCE BY VIDEO.--

          A. Any person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act, to chemical tests of [his] that person's breath or blood or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purpose of determining the drug or alcohol content of [his] the person's blood if the person is arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug.

          B. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving a motor vehicle within this state while under the influence of intoxicating liquor or drug.

          C. If a laboratory analyst is subpoenaed to testify at a court proceeding about chemical testing that the analyst performed pursuant to this section, the defendant shall be deemed to have given consent to the analyst's appearance by means of interactive video."

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