0001| HOUSE BILL 458 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| TIMOTHY E. MACKO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO MOTOR VEHICLES; REQUIRING A FIVE-YEAR DRIVER'S | 0012| LICENSE REVOCATION PERIOD WHEN A PERSON DRIVES UNDER THE | 0013| INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REQUIRING A FIVE- | 0014| YEAR DRIVER'S LICENSE REVOCATION PERIOD WHEN A PERSON IS | 0015| CONVICTED FOR SHOOTING AT OR FROM A MOTOR VEHICLE; AMENDING | 0016| SECTIONS OF THE NMSA 1978. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. Section 66-5-29 NMSA 1978 (being Laws 1978, | 0020| Chapter 35, Section 251, as amended by Laws 1993, Chapter 66, | 0021| Section 4 and also by Laws 1993, Chapter 78, Section 4) is | 0022| amended to read: | 0023| "66-5-29. MANDATORY REVOCATION OF LICENSE BY DIVISION.-- | 0024| A. The division shall immediately revoke the | 0025| license of any driver upon receiving a record of the driver's | - 1 - 0001| adjudication as a delinquent for or conviction of any of the | 0002| following offenses, whether the offense is under any state law | 0003| or local ordinance, when the conviction or adjudication has | 0004| become final: | 0005| (1) manslaughter or negligent homicide | 0006| resulting from the operation of a motor vehicle; | 0007| (2) any offense rendering a person a "first | 0008| offender" as defined in the Motor Vehicle Code ~[if that | 0009| person does not attend a driver rehabilitation program | 0010| pursuant to Subsection H of Section 66-8-102 NMSA 1978]~; | 0011| (3) any offense rendering a person a | 0012| "subsequent offender" as defined in the Motor Vehicle Code; | 0013| (4) any felony in the commission of which a | 0014| motor vehicle is used; | 0015| (5) failure to stop and render aid as | 0016| required under the laws of this state in the event of a motor | 0017| vehicle accident resulting in the death or personal injury of | 0018| another; | 0019| (6) perjury or the making of a false | 0020| affidavit or statement under oath to the division under the | 0021| Motor Vehicle Code or under any other law relating to the | 0022| ownership or operation of motor vehicles; or | 0023| (7) conviction or forfeiture of bail not | 0024| vacated upon three charges of reckless driving committed | 0025| within a period of twelve months. | - 2 - 0001| |B. A person convicted of an offense rendering | 0002| that person a "first offender" or a "subsequent offender", | 0003| pursuant to the provisions of Paragraph (2) or (3) of | 0004| Subsection A of this section, shall have his license revoked | 0005| for a period of five years.| | 0006| ~[B.]~ |C.| Any person whose license has been | 0007| revoked under this section, except as provided in Subsection | 0008| ~[C, D or E]~ |D or F| of this section, shall not be entitled | 0009| to apply for or receive ~[any]~ |a| new license until the | 0010| expiration of one year from the date of the last application | 0011| on which the revoked license was surrendered to and received | 0012| by the division, if no appeal is filed, or one year from the | 0013| date that the revocation is final and he has exhausted his | 0014| rights to an appeal. | 0015| ~[C.]~ |D.| Any person who upon adjudication as a | 0016| delinquent or conviction is subject to license revocation | 0017| under this section for an offense pursuant to which he was | 0018| also subject to license revocation pursuant to Section | 0019| 66-8-111 NMSA 1978 shall have his license revoked for that | 0020| offense for a combined period of time equal to ~[one year]~ | 0021| |five years|. | 0022| ~[D.]~ |E.| Upon receipt of an order from a court | 0023| pursuant to Subsection ~[J]~ |G| of Section ~[32-1-34]~ | 0024| |32A-2-19| NMSA 1978 or Subsection G of Section ~[32-1-36]~ | 0025| |32A-2-22| NMSA 1978, the division shall revoke the driver's | - 3 - 0001| license or driving privileges for a period of time in | 0002| accordance with ~[these]~ |those| provisions. | 0003| ~[E.]~ |F.| Upon receipt from a district court of | 0004| a record of conviction for the offense of shooting at or from | 0005| a motor vehicle pursuant to Subsection B of Section 30-3-8 | 0006| NMSA 1978 or of a conviction for a conspiracy or an attempt to | 0007| commit that offense, the division shall revoke the driver's | 0008| licenses or driving privileges of the convicted person. | 0009| ~[Any]~ |A| person whose license or privilege has been revoked | 0010| pursuant to the provisions of this subsection shall not be | 0011| entitled to apply for or receive ~[any]~ |a| new license or | 0012| privilege until the expiration of ~[one year]~ |five years| | 0013| from the date of the last application on which the revoked | 0014| license was surrendered to and received by the division, if no | 0015| appeal is filed, or ~[one year]~ |five years| from the date | 0016| that the revocation is final and ~[he]~ |the person| has | 0017| exhausted his rights to an appeal." | 0018| Section 2. Section 66-8-111 NMSA 1978 (being Laws 1978, | 0019| Chapter 35, Section 519, as amended) is amended to read: | 0020| "66-8-111. REFUSAL TO SUBMIT TO CHEMICAL TESTS-- | 0021| TESTING--GROUNDS FOR REVOCATION OF LICENSE OR PRIVILEGE TO | 0022| DRIVE.-- | 0023| A. If a person under arrest for violation of an | 0024| offense enumerated in the Motor Vehicle Code refuses upon | 0025| request of a law enforcement officer to submit to chemical | - 4 - 0001| tests designated by the law enforcement agency as provided in | 0002| Section 66-8-107 NMSA 1978, none shall be administered except | 0003| when a municipal judge, magistrate or district judge issues a | 0004| search warrant authorizing chemical tests as provided in | 0005| Section 66-8-107 NMSA 1978 upon his finding in a law | 0006| enforcement officer's written affidavit that there is probable | 0007| cause to believe that the person has driven a motor vehicle | 0008| while under the influence of alcohol or a controlled | 0009| substance, thereby causing the death or great bodily injury of | 0010| another person, or there is probable cause to believe that the | 0011| person has committed a felony while under the influence of | 0012| alcohol or a controlled substance and that chemical tests as | 0013| provided in Section 66-8-107 NMSA 1978 will produce material | 0014| evidence in a felony prosecution. | 0015| B. The department, upon receipt of a statement | 0016| signed under penalty of perjury from a law enforcement officer | 0017| stating the officer's reasonable grounds to believe the | 0018| arrested person had been driving a motor vehicle within this | 0019| state while under the influence of intoxicating liquor or drug | 0020| and that, upon his request, the person refused to submit to a | 0021| chemical test after being advised that failure to submit could | 0022| result in revocation of his privilege to drive, shall revoke | 0023| the person's New Mexico driver's license or any nonresident | 0024| operating privilege for a period of ~[one year]~ |five years| | 0025| or until all conditions for license reinstatement are met, | - 5 - 0001| whichever is later. | 0002| C. The department, upon receipt of a statement | 0003| signed under penalty of perjury from a law enforcement officer | 0004| stating the officer's reasonable grounds to believe the | 0005| arrested person had been driving a motor vehicle within this | 0006| state while under the influence of intoxicating liquor and | 0007| that the person submitted to chemical testing pursuant to | 0008| Section 66-8-107 NMSA 1978 and the test results indicated an | 0009| alcohol concentration of eight one-hundredths or more in the | 0010| person's blood or breath if the person is twenty-one years of | 0011| age or older or an alcohol concentration of two one-hundredths | 0012| or more in the person's blood or breath if the person is less | 0013| than twenty-one years of age, shall revoke the person's | 0014| license or permit to drive or his nonresident operating | 0015| privilege for a period of: | 0016| (1) ~[ninety days]~ |five years| or until all | 0017| conditions for license reinstatement are met, whichever is | 0018| later, if the person is twenty-one years of age or older; | 0019| (2) ~[six months]~ |five years| or until all | 0020| conditions for license reinstatement are met, whichever is | 0021| later, if the person is less than twenty-one years of age and | 0022| has not previously had his license revoked pursuant to the | 0023| provisions of this section, notwithstanding any provision of | 0024| the Children's Code; or | 0025| (3) ~[one year]~ |five years| or until all | - 6 - 0001| conditions for license reinstatement are met, whichever is | 0002| later, if the person has previously had his license revoked | 0003| pursuant to the provisions of this section, notwithstanding | 0004| the provisions of Paragraph (1) or (2) of this subsection or | 0005| any provision of the Children's Code. | 0006| D. The determination of alcohol concentration | 0007| shall be based on the grams of alcohol in one hundred | 0008| milliliters of blood or the grams of alcohol in two hundred | 0009| ten liters of breath. | 0010| E. If the person subject to the revocation | 0011| provisions of this section is a resident or will become a | 0012| resident within one year and is without a license to operate a | 0013| motor vehicle in this state, the department shall deny the | 0014| issuance of a license to him for the appropriate period of | 0015| time as provided in Subsections B and C of this section. | 0016| F. A statement signed by a law enforcement | 0017| officer, pursuant to the provisions of Subsection B or C of | 0018| this section, shall be sworn to by the officer or shall | 0019| contain a declaration substantially to the effect: "I hereby | 0020| declare under penalty of perjury that the information given in | 0021| this statement is true and correct to the best of my | 0022| knowledge.". A law enforcement officer who signs a statement, | 0023| knowing that the statement is untrue in any material issue or | 0024| matter, is guilty of perjury as provided in Section 66-5-38 | 0025| NMSA 1978." | - 7 - 0001| Section 3. EFFECTIVE DATE.--The effective date of the | 0002| provisions of this act is July 1, 1998. | 0003|  |