0001|                            HOUSE BILL 457
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           TIMOTHY E. MACKO
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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 MOTOR VEHICLES; INCREASING THE MANDATORY PERIOD OF
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0012|     INCARCERATION FOR A PERSON WHO DRIVES WHEN HIS LICENSE IS
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0013|     SUSPENDED OR REVOKED FOR DRIVING WHILE UNDER THE INFLUENCE OF
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0014|     INTOXICATING LIQUOR OR DRUGS; AMENDING A SECTION OF THE NMSA
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0015|     1978.
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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 66-5-39 NMSA 1978 (being Laws 1978,
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0019|     Chapter 35, Section 261, as amended) is amended to read:
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0020|          "66-5-39.  DRIVING WHILE LICENSE SUSPENDED OR REVOKED--
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0021|     PROVIDING PENALTIES.--
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0022|               A.  Any person who drives a motor vehicle on any
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0023|     public highway of this state at a time when his privilege to
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0024|     do so is suspended or revoked and who knows or should have
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0025|     known that his license was suspended or revoked is guilty of a
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0001|     misdemeanor and shall be charged with a violation of this
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0002|     section.  Upon conviction, the person shall be punished,
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0003|     notwithstanding the provisions of Section 31-18-13 NMSA 1978,
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0004|     by imprisonment for not less than four days or more than three
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0005|     hundred sixty-four days or participation for an equivalent
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0006|     period of time in a certified alternative sentencing program,
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0007|     and there may be imposed in addition a fine of not more than
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0008|     one thousand dollars ($1,000).  When a person pays any or all
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0009|     of the cost of participating in a certified alternative
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0010|     sentencing program, the court may apply that payment as a
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0011|     deduction to any fine imposed by the court.  Notwithstanding
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0012|     any other provision of law for suspension or deferment of
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0013|     execution of a sentence, if the person's privilege to drive
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0014|     was revoked for driving while under the influence of
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0015|     intoxicating liquor or drugs or a violation of the Implied
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0016|     Consent Act, upon conviction under this section, that person
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0017|     shall be punished by imprisonment for not less than <s>[seven
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<s></s>0018| <s>    consecutive days]</s> <u>six months</u> and shall be fined not less
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0019|     than three hundred dollars ($300) or not more than one
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0020|     thousand dollars ($1,000) and the fine and imprisonment shall
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0021|     not be suspended, deferred or taken under advisement.  No
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0022|     other disposition by plea of guilty to any other charge in
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0023|     satisfaction of a charge under this section shall be
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0024|     authorized if the person's privilege to drive was revoked for
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0025|     driving while under the influence of intoxicating liquor or
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0001|     drugs or a violation of the Implied Consent Act.  Any
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0002|     municipal ordinance prohibiting driving with a suspended or
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0003|     revoked license shall provide penalties no less stringent than
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0004|     provided in this section.
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0005|               B.  In addition to any other penalties imposed
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0006|     pursuant to the provisions of this section, when a person is
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0007|     convicted pursuant to the provisions of this section or a
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0008|     municipal ordinance that prohibits driving on a suspended or
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0009|     revoked license, the motor vehicle the person was driving
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0010|     shall be immobilized by an immobilization device for thirty
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0011|     days, unless immobilization of the motor vehicle poses an
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0012|     imminent danger to the health, safety or employment of the
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0013|     convicted person's immediate family or the family of the owner
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0014|     of the motor vehicle.  The convicted person shall bear the
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0015|     cost of immobilizing the motor vehicle.
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0016|               C.  The division, upon receiving a record of the
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0017|     conviction of any person under this section upon a charge of
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0018|     driving a vehicle while the license of the person was
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0019|     suspended, shall extend the period of suspension for an
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0020|     additional like period, and if the conviction was upon a
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0021|     charge of driving while a license was revoked, the division
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0022|     shall not issue a new license for an additional period of one
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0023|     year from the date the person would otherwise have been
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0024|     entitled to apply for a new license."
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0025|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0001|     provisions of this act is July 1, 1998.
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0002|                              
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