0001| HOUSE BILL 331
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| R. DAVID PEDERSON
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO DRIVER'S LICENSES; PROHIBITING DISTRICT ATTORNEYS
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0013| FROM ENTERING INTO AGREEMENTS THAT LIMIT THE AUTHORITY OF THE
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0014| MOTOR VEHICLE DIVISION TO REVOKE OR SUSPEND A PERSON'S DRIVER'S
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0015| LICENSE WHEN THE PERSON HAS A PRIOR CONVICTION FOR DRIVING WHILE
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0016| UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; AMENDING
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0017| SECTIONS OF THE NMSA 1978.
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0018|
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0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0020| Section 1. Section 36-1-22 NMSA 1978 (being Laws 1875-1876, Chapter 5, Section 1, as amended) is amended to read:
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0021| "36-1-22. POWERS--COMPROMISES--RELEASES--LIMIT ON
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0022| POWERS.--[SEC. 7.]
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0023| A. The attorney general and district attorneys
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0024| [of this State in their respective districts], when any civil
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0025| proceedings [may be] are pending in district court in
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0001| their respective districts [in the district court] in which
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0002| the state or any county may be a party, whether [the same be]
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0003| it is an ordinary suit, scire facias proceedings, proceedings
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0004| growing out of any criminal prosecution or otherwise, [shall]
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0005| have power to compromise or settle [said] the suit or
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0006| proceedings, or grant a release or enter satisfaction in whole
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0007| or in part, of any claim or judgment in the name of the state or
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0008| county, or dismiss the same, or take any other steps or
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0009| proceedings [therein] which [to him may] appear to him
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0010| proper and right [and]. All such civil suits and proceedings
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0011| shall be entirely under the management and control of the
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0012| [said] attorney general or district attorneys, and all
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0013| compromises, releases and satisfactions [heretofore] made or
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0014| entered into by said officers prior to the effective date of
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0015| this section are [hereby] confirmed and ratified.
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0016| B. Notwithstanding the provisions of Subsection A
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0017| of this section, a district attorney shall not enter into an
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0018| agreement in a civil or criminal case that limits the authority
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0019| of the motor vehicle division of the taxation and revenue
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0020| department to revoke or suspend a person's driver's license when
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0021| that person has a valid, prior conviction under state law,
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0022| federal law, a county ordinance or a municipal ordinance for
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0023| driving a motor vehicle while under the influence of
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0024| intoxicating liquor or drugs."
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0025| Section 2. Section 66-5-29 NMSA 1978 (being Laws 1978,
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0001| Chapter 35, Section 251, as amended by Laws 1993, Chapter 66,
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0002| Section 4 and also by Laws 1993, Chapter 78, Section 4) is
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0003| amended to read:
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0004| "66-5-29. MANDATORY REVOCATION OF LICENSE BY DIVISION.--
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0005| A. The division shall immediately revoke the license
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0006| of any driver upon receiving a record of the driver's
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0007| adjudication as a delinquent for or conviction of any of the
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0008| following offenses, whether the offense is under any state law
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0009| or local ordinance, when the conviction or adjudication has
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0010| become final:
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0011| (1) manslaughter or negligent homicide
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0012| resulting from the operation of a motor vehicle;
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0013| (2) any offense rendering a person a "first
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0014| offender" as defined in the Motor Vehicle Code, if that person
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0015| does not attend a driver rehabilitation program pursuant to
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0016| Subsection [H] E of Section 66-8-102 NMSA 1978;
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0017| (3) [any offense rendering a person a
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"subsequent offender" as defined in the Motor Vehicle Code]
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0019| driving a motor vehicle while under the influence of
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0020| intoxicating liquor or drugs, when department records confirm
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0021| that the person has a valid, prior conviction for the same
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0022| offense under state law, federal law, a county ordinance or a
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0023| municipal ordinance;
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0024| (4) any felony in the commission of which a
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0025| motor vehicle is used;
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0001| (5) failure to stop and render aid as required
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0002| under the laws of this state in the event of a motor vehicle
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0003| accident resulting in the death or personal injury of another;
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0004| (6) perjury or the making of a false affidavit
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0005| or statement under oath to the division under the Motor Vehicle
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0006| Code or under any other law relating to the ownership or
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0007| operation of motor vehicles; or
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0008| (7) conviction or forfeiture of bail not
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0009| vacated upon three charges of reckless driving committed within
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0010| a period of twelve months.
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0011| B. Any person whose license has been revoked under
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0012| this section, except as provided in Subsection C, D or E of this
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0013| section, shall not be entitled to apply for or receive any new
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0014| license until the expiration of one year from the date of the
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0015| last application on which the revoked license was surrendered to
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0016| and received by the division, if no appeal is filed, or one year
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0017| from the date that the revocation is final and he has exhausted
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0018| his rights to an appeal.
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0019| C. Any person who upon adjudication as a delinquent
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0020| or conviction is subject to license revocation under this
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0021| section for an offense pursuant to which he was also subject to
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0022| license revocation pursuant to Section 66-8-111 NMSA 1978 shall
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0023| have his license revoked for that offense for a combined period
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0024| of time equal to one year.
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0025| D. Upon receipt of an order from a court pursuant to
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0001| Subsection [J of Section 32-1-34 NMSA 1978 or Subsection G of
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Section 32-1-36 NMSA 1978] G of Section 32A-2-19 NMSA 1978 or
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0003| Subsection G of Section 32A-2-22 NMSA 1978, the division shall
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0004| revoke the driver's license or driving privileges for a period
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0005| of time in accordance with these provisions.
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0006| E. Upon receipt from a district court of a record of
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0007| conviction for the offense of shooting at or from a motor
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0008| vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or
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0009| of a conviction for a conspiracy or an attempt to commit that
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0010| offense, the division shall revoke the driver's licenses or
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0011| driving privileges of the convicted person. Any person whose
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0012| license or privilege has been revoked pursuant to the provisions
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0013| of this subsection shall not be entitled to apply for or receive
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0014| any new license or privilege until the expiration of one year
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0015| from the date of the last application on which the revoked
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0016| license was surrendered to and received by the division, if no
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0017| appeal is filed, or one year from the date that the revocation
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0018| is final and [he] the person has exhausted his rights to an
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0019| appeal."
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0020| Section 3. Section 66-8-135 NMSA 1978 (being Laws 1978,
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0021| Chapter 35, Section 543, as amended) is amended to read:
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0022| "66-8-135. RECORD OF TRAFFIC CASES.--
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0023| A. Every trial court judge shall keep a record of
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0024| every traffic complaint, uniform traffic citation and other form
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0025| of traffic charge filed in the judge's court or its traffic
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0001| violations bureau and every official action and disposition of
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0002| the charge by that court.
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0003| B. Within ten days of the later of entry of judgment
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0004| and sentence or failure to appear on a charge of violating the
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0005| Motor Vehicle Code or other law or ordinance relating to motor
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0006| vehicles or the final decision of any higher court that reviews
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0007| the matter and from which no appeal or review is successfully
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0008| taken, every trial court judge, including children's court
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0009| judges, or the clerk of the court in which the entry of judgment
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0010| and sentence or failure to appear occurred shall prepare and
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0011| forward to the department an abstract of the record containing:
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0012| (1) the name and address of the defendant;
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0013| (2) the specific section number and common name
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0014| of the provision of the NMSA 1978 or local law, ordinance or
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0015| regulation under which the defendant was tried;
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0016| (3) the plea, finding of the court and
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0017| disposition of the charge, including fine or jail sentence or
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0018| both, forfeiture of bail or dismissal of the charge;
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0019| (4) an itemization of costs assessed to the
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0020| defendant;
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0021| (5) the date of the hearing;
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0022| (6) the court's name and address; and
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0023| (7) [whether the defendant was a first or
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subsequent offender; and
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(8)] whether the defendant was represented by
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0001| counsel or waived his right to counsel and, if represented, the
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0002| name and address of counsel.
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0003| C. The abstract of record prepared and forwarded
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0004| under Subsection B of this section shall be certified as correct
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0005| by the person required to prepare it. With the prior approval
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0006| of the department, the information required by Subsection B of
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0007| this section may be transmitted electronically to the
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0008| department. Report need not be made of any disposition of a
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0009| charge of illegal parking or standing of a vehicle except when
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0010| the uniform traffic citation is used.
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0011| D. When the uniform traffic citation is used, the
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0012| court shall provide the information required by Subsection B of
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0013| this section in the manner prescribed by the department.
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0014| E. Every court of record shall also forward a like
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0015| report to the department upon conviction of any person of any
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0016| felony if a motor vehicle was used in the commission. With the
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0017| prior approval of the department, the information required by
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0018| this subsection may be submitted electronically to the
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0019| department. The report shall be forwarded to the department
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0020| within ten days of the final decision of the court or of any
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0021| higher court that reviews the matter and from which the decision
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0022| of no appeal or review is successfully taken.
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0023| F. The failure or refusal of any judicial officer to
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0024| comply with this section is misconduct in office and grounds for
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0025| removal.
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0001| G. The department shall keep records received on
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0002| motorists licensed in this state at its main office. Records
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0003| showing a record of conviction by a court of law shall be open
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0004| to public inspection during business hours for three years from
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0005| the date of their receipt, after which they shall be destroyed
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0006| by the department except for records of convictions under
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0007| Sections 66-8-101 through 66-8-112 NMSA 1978, which may not be
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0008| destroyed until twenty-five years from the date of their
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0009| receipt. Any record received on a motorist licensed in another
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0010| state or country shall be forwarded to the licensing authority
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0011| of that state or country."
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0012| Section 4. EFFECTIVE DATE.--The effective date of the
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0013| provisions of this act is July 1, 1996.
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0014| State of New Mexico
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0015| House of Representatives
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0016|
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0017| FORTY-SECOND LEGISLATURE
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0018| SECOND SESSION, 1996
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0019|
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0020|
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0021| February 5, 1996
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0022|
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0023|
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0024| Mr. Speaker:
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0025|
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0001| Your JUDICIARY COMMITTEE, to whom has been referred
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0002|
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0003| HOUSE BILL 331
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0004|
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0005| has had it under consideration and reports same with
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0006| recommendation that it DO PASS, and thence referred to the
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0007| APPROPRIATIONS AND FINANCE COMMITTEE.
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0008|
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0009| Respectfully submitted,
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0010|
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0011|
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0012|
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0013|
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0014| Cisco McSorley, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 10 For 0 Against
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0024| Yes: 10
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0025| Excused: Sanchez, R.G.
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0001| Absent: Baca, Larranaga
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0002|
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0003|
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0004|
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0005|
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0006| H0331JC1 State of New Mexico
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0007| House of Representatives
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0008|
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0009| FORTY-SECOND LEGISLATURE
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0010| SECOND SESSION, 1996
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0011|
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0012|
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0013| February 7, 1996
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0014|
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0015|
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0016| Mr. Speaker:
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0017|
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0018| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0019| whom has been referred
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0020|
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0021| HOUSE BILL 331
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS.
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0025|
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0001| Respectfully submitted,
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0002|
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0003|
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0004|
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0005|
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0006| Max Coll, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 11 For 0 Against
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0016| Yes: 11
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0017| Excused: Bird, Buffett, Coll, Gentry, Martinez, Picraux,
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0018| Watchman
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0019| Absent: None
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0020|
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0021|
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0022|
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0023| H0331AF1
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0024|
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0025| FORTY-SECOND LEGISLATURE
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0001| SECOND SESSION, 1996
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0002|
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0003|
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0004| February 12, 1996
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0005|
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0006| Mr. President:
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0007|
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0008| Your JUDICIARY COMMITTEE, to whom has been referred
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0009|
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0010| HOUSE BILL 331
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS, and thence referred to the
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0014| further recommends that the referral to the FINANCE
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0015| COMMITTEE.be withdrawn.
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0016|
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0017| Respectfully submitted,
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0018|
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0019|
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0020|
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0021| __________________________________
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0022| Janice D. Paster, Chairman
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0023|
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0024|
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0025|
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0001| Adopted_______________________ Not Adopted_______________________
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004|
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0005| Date ________________________
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0006|
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0007|
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0008| The roll call vote was 6 For 0 Against
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0009| Yes: 6
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0010| No: 0
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0011| Excused: None
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0012| Absent: Carraro, Sanchez, Tsosie
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0013|
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0014|
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0015| H0331JU1
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0016|
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0017|
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