SB0225

SENATE BILL 225

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

George K. Muñoz

AN ACT

RELATING TO PENALTIES; INCREASING FINES FOR LITTERING; INCREASING HOURS OF COMMUNITY SERVICE REQUIRED FOR COMMITTING GRAFFITI; INCREASING THE PENALTY FOR THE IMPROPER USE OF A TRAVEL LANE; INCREASING AND PROVIDING PENALTIES FOR VIOLATIONS OF THE RECYCLING AND ILLEGAL DUMPING ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1. Section 30-8-4 NMSA 1978 (being Laws 1963, Chapter 303, Section 8-4, as amended) is amended to read:

"30-8-4. LITTERING.--

A. Littering consists of discarding refuse:

(1) on public property in any manner other than by placing the refuse in a receptacle provided for the purpose by the responsible governmental authorities or otherwise in accordance with lawful direction; or

(2) on private property not owned or lawfully occupied or controlled by the person, except with the consent of its owner, lessee or occupant.

B. Whoever commits littering is guilty of a petty misdemeanor and, notwithstanding the provisions of Section 31-19-1 NMSA 1978, shall be punished by a fine of [fifty dollars ($50.00)] two hundred fifty dollars ($250). The use of uniform traffic citations is authorized for the enforcement of this section. The court may to the extent permitted by law, as a condition to suspension of any other penalty provided by law, require a person who commits littering to pick up and remove from any public place or any private property, with prior permission of the legal owner, any litter deposited thereon."

SECTION 2. Section 30-15-1.1 NMSA 1978 (being Laws 1990, Chapter 36, Section 1, as amended) is amended to read:

"30-15-1.1. UNAUTHORIZED GRAFFITI ON PERSONAL OR REAL PROPERTY.--

A. Graffiti consists of intentionally and maliciously defacing any real or personal property of another with graffiti or other inscribed material inscribed with ink, paint, spray paint, crayon, charcoal or the use of any object without [the] consent or reasonable [ground] grounds to believe [there is consent of] the owner of the property has given consent.

B. Whoever commits graffiti to real or personal property when the damage to the property is one thousand dollars ($1,000) or less is guilty of a petty misdemeanor and shall be required to perform a mandatory one hundred fifty hours of community service within a continuous six-month period immediately following [his] conviction and shall be required to make restitution to the property owner for the cost of damages and restoration.

C. Whoever commits graffiti to real or personal property when the damage to the property is greater than one thousand dollars ($1,000) is guilty of a fourth degree felony and shall be required to perform a mandatory [one hundred sixty] two hundred hours of community service within a continuous eight-month period immediately following [his] conviction and shall be required to provide restitution to the property owner for the cost of damages and restoration as a condition of probation or following any term of incarceration as a condition of parole.

D. When a single occurrence of graffiti is committed by more than one individual, the court may apportion the amount of restitution owed by each offender in accordance with each offender's degree of culpability."

SECTION 3. Section 66-8-116 NMSA 1978 (being Laws 1978, Chapter 35, Section 524, as amended) is amended to read:

"66-8-116. PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

A. As used in the Motor Vehicle Code and the Boat Act, "penalty assessment misdemeanor" means violation of any of the following listed sections of the NMSA 1978 for which, except as provided in Subsections D through F of this section, the listed penalty assessment is established:

COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY ASSESSMENT

Vehicles subject to

registration 66-3-1 $ 50.00

Improper display of

registration plate 66-3-18 25.00

Failure to notify of

change of name or address 66-3-23 25.00

Lost or damaged registration,

plate or title 66-3-24 25.00

Horseless carriage

registration 66-3-27 25.00

Transfer of registration

and title 66-3-103 25.00

Expiration of dealer

plates 66-3-403 25.00

Special registration

plates 66-3-409, 66-3-412.1,

66-3-413, 66-3-415,

66-3-417, 66-3-419,

66-3-421, 66-3-422,

66-3-424.4, 66-3-424.5,

66-3-424.7, 66-3-424.9,

66-3-424.13, 66-3-424.16

and 66-3-424.28 75.00

Bicycle laws 66-3-701

through

66-3-707 50.00

No license display 66-5-16 25.00

Failure to change

address or name on

license 66-5-22 25.00

Permitting unauthorized

minor to drive 66-5-40 50.00

Permitting unauthorized

person to drive 66-5-41 25.00

Failure to obey sign 66-7-104 25.00

Failure to obey signal 66-7-105 25.00

Pedestrian signs and

signals 66-7-106

through

66-7-108 25.00

Speeding 66-7-301

(1) up to and including

ten miles an hour

over the speed limit 25.00

(2) from eleven up to

and including fifteen

miles an hour

over the speed limit 30.00

(3) from sixteen up to

and including twenty

miles an hour over the

speed limit 65.00

(4) from twenty-one up to

and including twenty-five

miles an hour

over the speed limit 100.00

(5) from twenty-six up to

and including thirty

miles an hour over the

speed limit 125.00

(6) from thirty-one up to

and including thirty-five

miles an hour over the

speed limit 150.00

(7) more than thirty-five

miles an hour over the

speed limit 200.00

Unfastened safety belt 66-7-372 25.00

Child not in restraint device

or seat belt 66-7-369 25.00

Minimum speed 66-7-305 25.00

Speeding 66-7-306 25.00

Improper starting 66-7-324 25.00

Improper backing 66-7-354 25.00

Improper lane 66-7-308 25.00

Improper lane 66-7-313 25.00

Improper lane 66-7-316 25.00

Improper lane 66-7-317 25.00

Improper lane 66-7-319 25.00

Improper passing 66-7-309

through

66-7-312 25.00

Improper passing 66-7-315 25.00

Controlled access

violation 66-7-320 25.00

Controlled access

violation 66-7-321 25.00

Improper turning 66-7-322 25.00

Improper turning 66-7-323 25.00

Improper turning 66-7-325 25.00

Following too closely 66-7-318 25.00

Failure to yield 66-7-328

through

66-7-331 25.00

Failure to yield 66-7-332 50.00

Failure to yield 66-7-332.1 25.00

Pedestrian violation 66-7-333

through

66-7-340 25.00

Failure to stop 66-7-342

and 66-7-344

through

66-7-346 25.00

Railroad-highway grade

crossing violation 66-7-341

and 66-7-343 150.00

Passing school bus 66-7-347 100.00

Failure to signal 66-7-325

through

66-7-327 25.00

Riding on motorcycles 66-7-355 100.00

Video screens in

automobiles 66-7-358 25.00

Driving on mountain

highways 66-7-359 25.00

Coasting prohibited 66-7-360 25.00

Animals on highway at

night 66-7-363 50.00

Failure to secure load 66-7-407 100.00

Operation without oversize-

overweight permit 66-7-413 50.00

Transport of reducible

load with special

permit more than six miles

from a border crossing 66-7-413 100.00

Driving while license

administratively

suspended 66-5-39.2 25.00

Improper equipment 66-3-801

through

66-3-840

and 66-3-842

through

66-3-851 50.00

Improper equipment 66-3-901 50.00

Improper emergency

signal 66-3-853

through

66-3-857 25.00

Minor on motorcycle

without helmet 66-7-356 300.00

Operation interference 66-7-357 50.00

Littering 66-7-364 300.00

Improper parking 66-7-349

through

66-7-352

and 66-7-353 25.00

Improper parking 66-3-852 25.00

Riding in or towing

occupied house trailer 66-7-366 25.00

Improper opening of doors 66-7-367 25.00

No slow-moving vehicle

emblem or flashing

amber light 66-3-887 25.00

Open container-first

violation 66-8-138 25.00

Texting while driving-

(1) first violation 66-7-374 25.00

(2) second and subsequent

violation 50.00

Using a handheld mobile

communication device

while driving a

commercial motor vehicle 66-7-375

(1) first violation 25.00

(2) second and subsequent

violation 50.00

Improper use of travel lane 66-7-376 [250.00] 500.00.

B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person.

C. When an alleged violator of a penalty assessment misdemeanor elects to accept a notice to appear in lieu of a notice of penalty assessment, a fine imposed upon later conviction shall not exceed the penalty assessment established for the particular penalty assessment misdemeanor and probation imposed upon a suspended or deferred sentence shall not exceed ninety days.

D. The penalty assessment for speeding in violation of Paragraph (5) of Subsection A of Section 66-7-301 NMSA 1978 is twice the penalty assessment established in Subsection A of this section for the equivalent miles per hour over the speed limit.

E. Upon a second conviction for operation without a permit for excessive size or weight pursuant to Section 66-7-413 NMSA 1978, the penalty assessment shall be two hundred fifty dollars ($250). Upon a third or subsequent conviction, the penalty assessment shall be five hundred dollars ($500).

F. Upon a second conviction for transport of a reducible load with a permit for excessive size or weight pursuant to Subsection N of Section 66-7-413 NMSA 1978 more than six miles from a port-of-entry facility on the border with Mexico, the penalty assessment shall be five hundred dollars ($500). Upon a third or subsequent conviction, the penalty assessment shall be one thousand dollars ($1,000)."

SECTION 4. Section 74-13-16 NMSA 1978 (being Laws 2005, Chapter 171, Section 16) is amended to read:

"74-13-16. PENALTY--CRIMINAL.--

A. A person who knowingly violates Section [4 of the Recycling and Illegal Dumping Act] 74-13-4 NMSA 1978:

(1) is guilty of a misdemeanor if the violation involves a quantity of scrap tires or tire-derived products that is less than five thousand pounds and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978; [or]

(2) is guilty of a fourth degree felony if the violation involves a quantity of scrap tires or tire-derived products that is five thousand pounds or greater and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978; or

(3) is guilty of a fourth degree felony if the violation involves illegal dumping prohibited by Subsection J of Section 74-13-4 NMSA 1978 and shall be punished by a fine not to exceed ten thousand dollars ($10,000).

B. A person who knowingly omits any substantive information or knowingly makes a false substantive statement or representation required pursuant to the Recycling and Illegal Dumping Act or rule adopted pursuant to the provisions of that act is guilty of a fourth degree felony and shall be sentenced in accordance with the provisions of Section 31-18-15 NMSA 1978."

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