0001| HOUSE BILL 784
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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| ROBERT A. PERLS
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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 MOTOR VEHICLES; PROVIDING FOR A MANDATORY JAIL TERM
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0013| UPON A FIRST CONVICTION FOR DRIVING WHILE UNDER THE INFLUENCE OF
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0014| INTOXICATING LIQUOR OR DRUGS; AMENDING A SECTION OF THE MOTOR
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0015| VEHICLE CODE.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 66-8-102 NMSA 1978 (being Laws 1953,
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0019| Chapter 139, Section 54, as amended) is amended to read:
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0020| "66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR
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0021| OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF
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0022| INTOXICATING LIQUOR OR DRUGS--PENALTY.--
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0023| A. It is unlawful for any person who is under the
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0024| influence of intoxicating liquor to drive any vehicle within
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0025| this state.
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0001| B. It is unlawful for any person who is under the
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0002| influence of any drug to a degree that renders him incapable of
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0003| safely driving a vehicle to drive any vehicle within this state.
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0004| C. It is unlawful for any person who has an alcohol
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0005| concentration of eight one-hundredths or more in his blood or
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0006| breath to drive any vehicle within this state.
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0007| D. Aggravated driving while under the influence of
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0008| intoxicating liquor or drugs consists of a person who:
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0009| (1) has an alcohol concentration of sixteen
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0010| one-hundredths or more in his blood or breath while driving any
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0011| vehicle within this state;
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0012| (2) has caused bodily injury to a human being
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0013| as a result of the unlawful operation of a motor vehicle while
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0014| driving under the influence of intoxicating liquor or drugs; or
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0015| (3) refused to submit to chemical testing, as
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0016| provided for in the Implied Consent Act, and in the judgment of
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0017| the court, based upon evidence of intoxication presented to the
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0018| court, the person was under the influence of intoxicating liquor
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0019| or drugs.
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0020| E. Every person [under] upon first conviction
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0021| under this section shall be punished, notwithstanding the
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0022| provisions of Section 31-18-13 NMSA 1978, by imprisonment for a
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0023| basic sentence of not less than twenty-four consecutive hours,
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0024| which shall not be suspended or deferred, but not for more than
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0025| ninety days. [or by] The court may also impose a fine of not
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0001| more than five hundred dollars ($500). [or both; provided
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that] If any portion of the sentence over twenty-four
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0003| consecutive hours of imprisonment is suspended in whole or in
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0004| part or deferred, the period of probation may extend beyond
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0005| ninety days but shall not exceed one year. Upon a first
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0006| conviction under this section, and in addition to the sentence
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0007| imposed, an offender may also be sentenced to not less than
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0008| forty-eight hours of community service [or a fine of three
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hundred dollars ($300)]. The offender shall be ordered by the
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0010| court to attend a driver rehabilitation program for alcohol or
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0011| drugs, also known as a "DWI school", approved by the traffic
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0012| safety bureau of the state highway and transportation department
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0013| and also may be required to participate in other rehabilitative
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0014| services as the court shall determine to be necessary. In
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0015| addition to those penalties, when an offender commits aggravated
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0016| driving while under the influence of intoxicating liquor or
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0017| drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail. If an offender fails to
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0018| complete, within a time specified by the court, any community
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0019| service, screening program, treatment program or DWI school
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0020| ordered by the court, the offender shall be sentenced to not
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0021| less than an additional forty-eight consecutive hours in jail.
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0022| Any jail sentence imposed under this subsection for failure to
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0023| complete, within a time specified by the court, any community
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0024| service, screening program, treatment program or DWI school
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0025| ordered by the court or for aggravated driving while under the
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0001| influence of intoxicating liquor or drugs shall not be
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0002| suspended, deferred or taken under advisement. On a first
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0003| conviction under this section, any time spent in jail for the
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0004| offense prior to the conviction for that offense shall be
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0005| credited to any term of imprisonment fixed by the court. A
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0006| deferred sentence under this subsection shall be considered a
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0007| first conviction for the purpose of determining subsequent
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0008| convictions.
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0009| F. A second or third conviction under this section
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0010| shall be punished, notwithstanding the provisions of Section
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0011| 31-18-13 NMSA 1978, by imprisonment for not more than three
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0012| hundred sixty-four days or by a fine of not more than one
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0013| thousand dollars ($1,000), or both; provided that if the
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0014| sentence is suspended in whole or in part, the period of
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0015| probation may extend beyond one year but shall not exceed five
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0016| years. Notwithstanding any provision of law to the contrary for
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0017| suspension or deferment of execution of a sentence:
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0018| (1) upon a second conviction, each offender
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0019| shall be sentenced to a jail term of not less than seventy-two
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0020| consecutive hours, forty-eight hours of community service and a
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0021| fine of five hundred dollars ($500). In addition to those
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0022| penalties, when an offender commits aggravated driving while
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0023| under the influence of intoxicating liquor or drugs, the
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0024| offender shall be sentenced to a jail term of not less than
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0025| ninety-six consecutive hours. If an offender fails to complete,
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0001| within a time specified by the court, any community service,
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0002| screening program or treatment program ordered by the court, the
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0003| offender shall be sentenced to not less than an additional seven
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0004| consecutive days in jail. A penalty imposed pursuant to this
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0005| paragraph shall not be suspended or deferred or taken under
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0006| advisement; and
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0007| (2) upon a third conviction, an offender shall
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0008| be sentenced to a jail term of not less than thirty consecutive
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0009| days and a fine of seven hundred fifty dollars ($750). In
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0010| addition to those penalties, when an offender commits aggravated
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0011| driving while under the influence of intoxicating liquor or
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0012| drugs, the offender shall be sentenced to a jail term of not
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0013| less than sixty consecutive days. If an offender fails to
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0014| complete, within a time specified by the court, any screening
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0015| program or treatment program ordered by the court, the offender
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0016| shall be sentenced to not less than an additional sixty
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0017| consecutive days in jail. A penalty imposed pursuant to this
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0018| paragraph shall not be suspended or deferred or taken under
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0019| advisement.
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0020| G. Upon a fourth or subsequent conviction under this
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0021| section, an offender is guilty of a fourth degree felony, as
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0022| provided in Section 31-18-15 NMSA 1978, and shall be sentenced
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0023| to a jail term of not less than six months, which shall not be
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0024| suspended or deferred or taken under advisement.
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0025| H. Upon any conviction under this section, an
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0001| offender shall be required to participate in and complete,
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0002| within a time specified by the court, an alcohol or drug abuse
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0003| screening program and if necessary, a treatment program approved
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0004| by the court.
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0005| I. In the case of a first, second or third offense
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0006| under this section, the magistrate court has concurrent
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0007| jurisdiction with district courts to try the offender.
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0008| J. A conviction under a municipal or county
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0009| ordinance prescribing penalties for driving while under the
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0010| influence of intoxicating liquor or drugs shall be deemed to be
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0011| a conviction under this section for purposes of determining
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0012| whether a conviction is a second or subsequent conviction.
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0013| K. In addition to any other fine or fee which may be
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0014| imposed pursuant to the conviction or other disposition of the
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0015| offense under this section, the court may order the offender to
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0016| pay the costs of any court-ordered screening and treatment
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0017| programs.
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0018| L. As used in this section:
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0019| (1) "bodily injury" means an injury to a person
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0020| that is not likely to cause death or great bodily harm to the
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0021| person, but does cause painful temporary disfigurement or
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0022| temporary loss or impairment of the functions of any member or
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0023| organ of the person's body; and
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0024| (2) "conviction" means an adjudication of guilt
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0025| and does not include imposition of a sentence."
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0001| Section 2. EFFECTIVE DATE.--The effective date of the
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0002| provisions of this act is July 1, 1996.
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0003| State of New Mexico
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0004| House of Representatives
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0005|
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0006| FORTY-SECOND LEGISLATURE
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0007| SECOND SESSION, 1996
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0008|
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0009|
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0010| February 10, 1996
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0011|
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0012|
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0013| Mr. Speaker:
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0014|
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0015| Your JUDICIARY COMMITTEE, to whom has been referred
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0016|
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0017| HOUSE BILL 784
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, and thence referred to the
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0021| APPROPRIATIONS AND FINANCE COMMITTEE.
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0022|
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0023| Respectfully submitted,
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0024|
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0025|
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0001|
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0002|
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0003| Cisco McSorley, Chairman
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date
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0011|
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0012| The roll call vote was 7 For 2 Against
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0013| Yes: 7
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0014| No: Baca, Pederson
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0015| Excused: Alwin, Gubbels, Sanchez, R.G.
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0016| Absent: Luna
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0017|
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0018|
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0019|
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0020|
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0021| H0784JC1
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