45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO LAW ENFORCEMENT; CLARIFYING THE STATUTE REGARDING CERTAIN CITATIONS ISSUED BY OFFICERS; PROVIDING AUTHORITY FOR PUBLIC SECURITY GUARDS TO ISSUE PARKING CITATIONS; ALLOWING THE METROPOLITAN COURT TO EXPEDITE THE DISPOSITION OF TRAFFIC CITATIONS.

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

Section 1. Section 66-8-117 NMSA 1978 (being Laws 1978, Chapter 35, Section 525, as amended) is amended to read:

"66-8-117. PENALTY ASSESSMENT MISDEMEANORS--OPTION--EFFECT.--

A. Unless a verbal warning or warning notice is given, at the time of making an arrest for any penalty assessment misdemeanor the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.

B. Except for penalty assessments made under a civil violation or criminal misdemeanor county or municipal program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail or credit card to the division within thirty days from the date of arrest. Payments of penalty assessments are timely if postmarked within thirty days from the date of arrest. The division may issue a receipt when a penalty assessment is paid by currency, or credit card, but checks tendered by the violator upon which payment is received are sufficient receipt.

C. No record of any penalty assessment payment is admissible as evidence in any court in any civil action."

Section 2. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:

"66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--

A. The division, county or municipality shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through F of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.

B. The division, county or municipality shall remit all penalty assessment fee receipts collected pursuant to:

(1) Subsection A of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;

(2) Subsection B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;

(3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;

(4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;

(5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund; and

(6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund."

Section 3. Section 66-8-123 NMSA 1978 (being Laws 1978, Chapter 35, Section 531, as amended) is amended to read:

"66-8-123. CONDUCT OF ARRESTING OFFICER--NOTICES BY CITATION.--

A. Except as provided in Section 66-8-122 NMSA 1978, unless a verbal warning, penalty assessment or written warning notice is given, whenever a person is arrested for any violation of the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation, shall manually or electronically complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release him from custody.

B. Whenever a person is arrested for violation of a penalty assessment misdemeanor and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation, shall manually or electronically complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business reply envelope addressed to the county, municipality or motor vehicle division, Santa Fe to the arrested person and release him from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear.

C. The arresting officer may issue a verbal warning or may manually or electronically issue a civil violation, criminal misdemeanor violation or written warning notice. [but] Unless a verbal warning is issued, the officer shall fill in the information section of the uniform traffic citation and give a copy to the arrested person after requiring his signature on the civil violation, criminal misdemeanor violation or written warning notice as an acknowledgment of receipt. No civil violation or written warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license under Section 66-5-30 NMSA 1978.

D. In order to secure his release, the arrested person must give his written promise to appear in court or to pay the penalty assessment prescribed or acknowledge receipt of a civil violation, criminal misdemeanor violation or written warning notice. An arresting officer may release any person arrested after the officer has given the person a verbal warning.

E. Any officer violating this section is guilty of a misconduct in office and is subject to removal.

F. A law enforcement officer who arrests a person without a warrant for a misdemeanor violation of the Motor Carrier Act, the Criminal Code, the Liquor Control Act or other New Mexico law may manually or electronically use the uniform traffic citation, issued pursuant to procedures outlined in Section 31-1-6 NMSA 1978, Subsections B through E, in lieu of taking him to jail."

Section 4. Section 66-8-124 NMSA 1978 (being Laws 1961, Chapter 213, Section 3, as amended) is amended to read:

"66-8-124. ARRESTING OFFICER TO BE IN UNIFORM.--

A. No person shall be arrested for violating the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor except by a commissioned, salaried peace officer who, at the time of arrest, is wearing a uniform clearly indicating his official status.

B. Notwithstanding the provisions of Subsection A of this section, a county or municipality may provide by ordinance that uniformed public and private security guards may be commissioned by the local police agency to manually or electronically issue parking citations for violations of clearly and properly marked no parking zones, loading zones, metered parking zones, special permit zones, fire zones and handicapped zones. Prior to the commissioning of any security guard, the employer of the security guard shall agree in writing with the local police agency to [said] the commissioning of the employer's security guard. The employer of any security guard commissioned under the provisions of this section shall be liable for the actions of that security guard in carrying out his duties pursuant to that commission. Notwithstanding the provisions of the Tort Claims Act, private security guards commissioned under this section shall not be deemed public employees under that act."

Section 5. Section 66-8-126 NMSA 1978 (being Laws 1978, Chapter 35, Section 534) is amended to read:

"66-8-126. FAILURE TO OBEY NOTICE TO APPEAR.--

A. It is a misdemeanor for any person to violate his written promise to appear in court given to an officer upon manual or electronic issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.

B. A written promise to appear in court may be complied with by appearance of counsel."

Section 6. Section 66-8-130 NMSA 1978 (being Laws 1978, Chapter 35, Section 538, as amended) is amended to read:

"66-8-130. ALL TRAFFIC CITATIONS TO CONFORM--COUNTIES OR MUNICIPALITIES MAY PASS ORDINANCE TO ESTABLISH SIMILAR PROGRAM.--

A. The uniform traffic citation shall manually or electronically be used by all state and local agencies enforcing laws and ordinances relating to motor vehicles. Any county or municipality may, by passage of an ordinance, establish a [municipal] civil violation or criminal misdemeanor penalty assessment program similar to that established in Sections 66-8-116 through 66-8-117 NMSA 1978 for violations of provisions of the Motor Vehicle Code. Every county or municipality that has adopted an ordinance to establish a penalty assessment program shall assess on all civil violations, criminal misdemeanors or penalty assessment misdemeanors after January 1, 1984, in addition to the penalty assessment, a penalty assessment fee of ten dollars ($l0.00) to be deposited in a special fund in the county or municipal treasury for use by the county or municipality only for [municipal] jailer training; for the construction planning, construction, operation and maintenance of the county or municipal jail; for paying the costs of housing [that municipality's] prisoners in other detention facilities in the state; or for complying with match or contribution requirements for the receipt of federal funds relating to jails. Such [a municipal program] programs shall be limited to violations of county or municipal traffic ordinances.

B. All penalty assessments under a county or municipal program authorized by this section shall be processed by the district, metropolitan or municipal court, and all fines and fees collected shall be deposited in the treasury of the county or municipality. A copy of each criminal misdemeanor penalty assessment processed shall be forwarded to the division within ten days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.

C. Each agency shall provide itself with copies conforming exactly in size and format with the uniform traffic citation prescribed by the director, and any alterations to conform with local conditions must be approved by the director."

Section 7. Section 66-8-131 NMSA 1978 (being Laws 1961, Chapter 213, Section 10, as amended) is amended to read:

"66-8-131. UNIFORM TRAFFIC CITATION IS COMPLAINT.--The uniform traffic citation used as a notice to appear is a valid verified complaint [though not verified] made under oath and submitted by the officer who issued the notice."

Section 8. Section 66-8-133 NMSA 1978 (being Laws 1961, Chapter 213, Section 12, as amended) is amended to read:

"66-8-133. DISPOSITION OF CITATIONS.--

A. Every state and local traffic enforcement officer manually issuing a uniform traffic citation to an alleged violator of the Motor Vehicle Code or other law or ordinance relating to motor vehicles shall dispose of the citation as indicated on the back of each copy.

B. Citations spoiled or issued in error shall be marked "void" in large letters on the face, signed by the officer and the copies disposed of as a valid warning notice.

C. In a county with a metropolitan court, the court may establish an expedited disposition of a uniform traffic citation issued to an alleged violator of the Motor Vehicle Code or other law or ordinance relating to motor vehicles.

[C.] D. It is a misdemeanor and official misconduct for any officer or other public official or employee to dispose of a uniform traffic citation except as provided in this section."

Section 9. Section 66-8-141 NMSA 1978 (being Laws 1978, Chapter 35, Section 369, as amended) is amended to read:

"66-8-141. DISHONORED CHECKS OR CREDIT CARDS--CIVIL PENALTY.--

A. Any person who pays any fee pursuant to the Motor Vehicle Code by check or credit card to the department or a county or municipality and which check or credit card is dishonored upon presentation is liable to the department or county or municipality for the fees, together with a penalty of not less than ten dollars ($10.00) for each [such check] transaction.

B. Any identification card, license, permit, registration, plate, title or other document issued by the department or a county or municipality pursuant to the Motor Vehicle Code that requires payment and the payment is not made because the check or credit card offered in payment is dishonored upon presentation shall be canceled, suspended or revoked for failure to make payment. Any reinstatement fee

due pursuant to Section 66-5-33.1 NMSA 1978 shall be in addition to the penalty provided for in Subsection A of this section."