0001|                           SENATE BILL 675
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                            R. L. STOCKARD
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0005|     
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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|                                AN ACT
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0011|     RELATING TO ALCOHOL; PROVIDING FOR PARTICIPATION IN A SCREENING
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0012|     PROGRAM; PROVIDING MANDATORY CRIMINAL PENALTIES.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 66-8-102 NMSA 1978 (being Laws 1953,
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0016|     Chapter 139, Section 54, as amended) is amended to read:
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0017|          "66-8-102.  PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR
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0018|     OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF
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0019|     INTOXICATING LIQUOR OR DRUGS--PENALTY.--
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0020|               A.  It is unlawful for any person who is under the
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0021|     influence of intoxicating liquor to drive any vehicle within
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0022|     this state.
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0023|               B.  It is unlawful for any person who is under the
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0024|     influence of any drug to a degree that renders him incapable of
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0025|     safely driving a vehicle to drive any vehicle within this
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0001|     state.
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0002|               C.  It is unlawful for any person who has an alcohol
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0003|     concentration of eight one-hundredths or more in his blood or
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0004|     breath to drive any vehicle within this state.
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0005|               D.  Aggravated driving while under the influence of
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0006|     intoxicating liquor or drugs consists of a person who:
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0007|                    (1)  has an alcohol concentration of sixteen
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0008|     one-hundredths or more in his blood or breath while driving any
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0009|     vehicle within this state;
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0010|                    (2)  has caused bodily injury to a human being
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0011|     as a result of the unlawful operation of a motor vehicle while
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0012|     driving under the influence of intoxicating liquor or drugs; or
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0013|                    (3)  refused to submit to chemical testing, as
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0014|     provided for in the Implied Consent Act, and in the judgment of
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0015|     the court, based upon evidence of intoxication presented to the
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0016|     court, <s>[the person]</s> was under the influence of intoxicating
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0017|     liquor or drugs.
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0018|               E.  Every person under first conviction under this
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0019|     section shall be punished, notwithstanding the provisions of
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0020|     Section 31-18-13 NMSA 1978, by imprisonment for not more than
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0021|     ninety days or by a fine of not more than five hundred dollars
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0022|     ($500), or both; provided that if the sentence is suspended in
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0023|     whole or in part or deferred, the period of probation may
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0024|     extend beyond ninety days but shall not exceed one year.  Upon
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0025|     a first conviction under this section, an offender may be
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0001|     sentenced to not less than forty-eight hours of community
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0002|     service or a fine of three hundred dollars ($300).  The
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0003|     offender shall be ordered by the court <u>to participate in and
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<u></u>0004| <u>    complete a screening program described in Subsection H of this
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<u></u>0005| <u>    section and</u> to attend a driver rehabilitation program for
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0006|     alcohol or drugs, also known as a "DWI school", approved by the
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0007|     traffic safety bureau of the state highway and transportation
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0008|     department and also may be required to participate in other
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0009|     rehabilitative services as the court shall determine to be
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0010|     necessary.  In addition to those penalties, when an offender
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0011|     commits aggravated driving while under the influence of
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0012|     intoxicating liquor or drugs, the offender shall be sentenced
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0013|     to not less than forty-eight consecutive hours in jail.  If an
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0014|     offender fails to complete, within a time specified by the
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0015|     court, any community service, screening program, treatment
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0016|     program or DWI school ordered by the court, the offender shall
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0017|     be sentenced to not less than an additional forty-eight
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0018|     consecutive hours in jail.  Any jail sentence imposed under
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0019|     this subsection for failure to complete, within a time
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0020|     specified by the court, any community service, screening
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0021|     program, treatment program or DWI school ordered by the court
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0022|     or for aggravated driving while under the influence of
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0023|     intoxicating liquor or drugs shall not be suspended, deferred
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0024|     or taken under advisement.  On a first conviction under this
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0025|     section, any time spent in jail for the offense prior to the
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0001|     conviction for that offense shall be credited to any term of
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0002|     imprisonment fixed by the court.  A deferred sentence under
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0003|     this subsection shall be considered a first conviction for the
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0004|     purpose of determining subsequent convictions.
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0005|               F.  A second or third conviction under this section
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0006|     shall be punished, notwithstanding the provisions of Section
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0007|     31-18-13 NMSA 1978, by imprisonment for not more than three
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0008|     hundred sixty-four days or by a fine of not more than one
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0009|     thousand dollars ($1,000), or both; provided that if the
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0010|     sentence is suspended in whole or in part, the period of
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0011|     probation may extend beyond one year but shall not exceed five
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0012|     years.  Notwithstanding any provision of law to the contrary
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0013|     for suspension or deferment of execution of a sentence:
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0014|                    (1)  upon a second conviction, each offender
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0015|     shall be sentenced to a jail term of not less than seventy-two
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0016|     consecutive hours, forty-eight hours of community service and a
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0017|     fine of five hundred dollars ($500).  In addition to those
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0018|     penalties, when an offender commits aggravated driving while
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0019|     under the influence of intoxicating liquor or drugs, the
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0020|     offender shall be sentenced to a jail term of not less than
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0021|     ninety-six consecutive hours.  If an offender fails to
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0022|     complete, within a time specified by the court, any community
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0023|     service, screening program or treatment program ordered by the
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0024|     court, the offender shall be sentenced to not less than an
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0025|     additional seven consecutive days in jail.  A penalty imposed
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0001|     pursuant to this paragraph shall not be suspended or deferred
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0002|     or taken under advisement; and
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0003|                    (2)  upon a third conviction, an offender shall
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0004|     be sentenced to a jail term of not less than thirty consecutive
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0005|     days and a fine of seven hundred fifty dollars ($750).  In
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0006|     addition to those penalties, when an offender commits
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0007|     aggravated driving while under the influence of intoxicating
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0008|     liquor or drugs, the offender shall be sentenced to a jail term
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0009|     of not less than sixty consecutive days.  If an offender fails
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0010|     to complete, within a time specified by the court, any
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0011|     screening program or treatment program ordered by the court,
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0012|     the offender shall be sentenced to not less than an additional
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0013|     sixty consecutive days in jail.  A penalty imposed pursuant to
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0014|     this paragraph shall not be suspended or deferred or taken
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0015|     under advisement.
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0016|               G.  Upon a fourth or subsequent conviction under
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0017|     this section, an offender is guilty of a fourth degree felony,
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0018|     as provided in Section 31-18-15 NMSA 1978, and shall be
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0019|     sentenced to a jail term of not less than six months, which
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0020|     shall not be suspended or deferred or taken under advisement.
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0021|               H.  Upon any conviction under this section, an
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0022|     offender shall be required to participate in and complete,
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0023|     within a time specified by the court, an alcohol or drug abuse
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0024|     screening program and, if necessary, a treatment program
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0025|     approved by the court. <u>The penalty imposed pursuant to this
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<u></u>0001| <u>    subsection shall not be suspended, deferred or taken under
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<u></u>0002| <u>    advisement.</u>
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0003|               I.  In the case of a first, second or third offense
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0004|     under this section, the magistrate court has concurrent
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0005|     jurisdiction with district courts to try the offender. 
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0006|               J.  A conviction under a municipal or county
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0007|     ordinance prescribing penalties for driving while under the
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0008|     influence of intoxicating liquor or drugs shall be deemed to be
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0009|     a conviction under this section for purposes of determining
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0010|     whether a conviction is a second or subsequent conviction.
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0011|               K.  In addition to any other fine or fee which may
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0012|     be imposed pursuant to the conviction or other disposition of
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0013|     the offense under this section, the court may order the
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0014|     offender to pay the costs of any court-ordered screening and
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0015|     treatment programs.
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0016|               L.  As used in this section:
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0017|                    (1)  "bodily injury" means an injury to a
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0018|     person that is not likely to cause death or great bodily harm
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0019|     to the person, but does cause painful temporary disfigurement
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0020|     or temporary loss or impairment of the functions of any member
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0021|     or organ of the person's body; and
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0022|                    (2)  "conviction" means an adjudication of
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0023|     guilt and does not include imposition of a sentence."
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0024|                                    
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0025|   
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0001|                      FORTY-THIRD LEGISLATURE
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0002|                        FIRST SESSION, 1997
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0003|   
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0004|   
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0005|                                               February 26, 1997
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0006|   
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0007|   Mr. President:
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0008|   
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0009|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0010|   referred
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0011|   
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0012|                          SENATE BILL 675
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0013|   
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0014|   has had it under consideration and reports same with
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0015|   recommendation that it DO PASS, and thence referred to the
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0016|   JUDICIARY COMMITTEE.
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0017|   
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0018|                                Respectfully submitted,
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0019|   
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0020|   
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0021|   
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0022|                                
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0023|   __________________________________
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0024|                                Shannon Robinson, Chairman 
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0025|   
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0001|   
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0002|   
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0003|   Adopted_______________________   Not
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0004|   Adopted_______________________
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0005|             (Chief Clerk)                          (Chief Clerk)
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0006|   
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0007|   
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0008|                     Date ________________________
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0009|   
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0010|   
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0011|   The roll call vote was <u> 5 </u> For <u> 0 </u> Against
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0012|           Yes:    5
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0013|           No:     0
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0014|                Excused:     Boitano, Garcia, Vernon, Smith
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0015|           Absent: None
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0016|   
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0017|   
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0018|   S0675PA1
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0019|   
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0020|     
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0021|   
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0022|                      FORTY-THIRD LEGISLATURE
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0023|                        FIRST SESSION, 1997
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0024|   
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0025|   
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0001|                                                  March 15, 1997
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0002|   
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0003|   Mr. President:
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0004|   
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0005|       Your JUDICIARY COMMITTEE, to whom has been referred
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0006|   
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0007|                          SENATE BILL 675
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0008|   
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0009|   has had it under consideration and reports same with
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0010|   recommendation that it DO PASS.
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0011|   
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0012|                                Respectfully submitted,
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0013|   
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0014|   
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0015|   
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0016|                                
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0017|   __________________________________
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0018|                                Fernando R. Macias, Chairman 
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0019|   
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0020|   
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0021|   
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0022|   Adopted_______________________   Not
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0023|   Adopted_______________________
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0024|             (Chief Clerk)                          (Chief Clerk)
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0025|   
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0001|   
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0002|   
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0003|                     Date ________________________
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0004|   
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0005|   
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0006|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0007|           Yes:    6
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0008|           No:     0
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0009|                Excused:     Sanchez, Tsosie
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0010|           Absent: None
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0011|   
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0012|   
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0013|   S0675JU1
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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-THIRD LEGISLATURE
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0018|                        FIRST SESSION, 1997
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0019|   
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0020|   
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0021|                                                  March 21, 1997
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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|                       SENATE BILL 675
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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.
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0007|   
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0008|                            Respectfully submitted,
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0009|   
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0010|   
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0011|   
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0012|                            <u>                                 
</u>    |
<u></u>0013| <u>                           </u>                        Thomas P. Foy, Chairman
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0014|   
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0015|   
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0016|   Adopted <u>                    </u>   Not Adopted <u>                     
</u>    |
<u></u>0017| <u>  </u>
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0018|           (Chief Clerk)                      (Chief Clerk)
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0019|   
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0020|                        Date <u>            </u>
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0021|   
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0022|   The roll call vote was<u> 10 </u> For<u> 1 </u> Against
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0023|   Yes:         10
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0024|           No:     Vaughn
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0025|                Excused:     Rios, Sanchez
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0001|           Absent: None
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0002|   
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0003|   
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0004|   G:\BILLTEXT\BILLW_97\S0675
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