HOUSE MEMORIAL 74

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

INTRODUCED BY

William "Bill" R. Rehm

 

 

 

 

 

A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO ARRANGE FOR A THIRD-PARTY FACILITATOR TO CONVENE A WORKING GROUP TO REVIEW DWI ARREST, BOOKING AND POST-ARREST PROTOCOL AND DEVELOP RECOMMENDATIONS FOR IMPLEMENTATION OF STREAMLINED PROCESSING OF DWI PAPERWORK.

 

     WHEREAS, in 2021, New Mexico had the seventh highest DWI severity score in the United States; and

     WHEREAS, in 2019, New Mexico had one hundred twenty-nine alcohol-impaired driving fatalities, with thirteen of those fatalities being for drivers under the age of twenty-one; and

     WHEREAS, the average DWI arrest, booking and post-arrest processing takes approximately four to six hours per instance; and

     WHEREAS, an officer can make only one or two DWI arrests per shift; and

     WHEREAS, DWI paperwork is used in both civil and criminal cases; and

     WHEREAS, DWI paperwork includes traffic citations, DWI citations, notices of revocation, criminal complaints, probable cause statements, booking sheets and, in some instances, documentation of medical clearance; and

     WHEREAS, DWI paperwork must be transmitted to multiple agencies, often replicating work; and

     WHEREAS, replication of paperwork results in lower enforcement rates;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to arrange for a third-party facilitator to convene a working group no later than April 30, 2023 to review DWI arrest, booking and post-arrest protocol and develop recommendations for implementation of streamlined processing of DWI paperwork; provided that the third-party facilitator shall facilitate without compensation from the state; and

     BE IT FURTHER RESOLVED that the working group be composed of representatives from the department of public safety; the motor vehicle division of the taxation and revenue department; the administrative office of the courts; and local governments, cities, counties and tribal governments involved in processing instances of DWI; and

     BE IT FURTHER RESOLVED that the working group be requested to report its findings and recommendations to the relevant legislative interim committee that addresses issues pertaining to courts, corrections and justice by October 1, 2023; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council.

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