46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO MOTOR VEHICLES; REQUIRING PARENTAL INVOLVEMENT IN RESOLUTION OF MOTOR VEHICLE CODE VIOLATIONS AND MUNICIPAL TRAFFIC CODE VIOLATIONS BY CHILDREN; AMENDING THE PENALTIES FOR DRIVING ON A SUSPENDED LICENSE AND DRIVING ON A REVOKED LICENSE; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 32A-2-29 NMSA 1978 (being Laws 1993, Chapter 77, Section 58) is amended to read:

"32A-2-29. MOTOR VEHICLE CODE VIOLATIONS.--

A. The municipal, magistrate or metropolitan court shall have original exclusive jurisdiction over all Motor Vehicle Code or municipal traffic code violations when the person alleged to have committed the violation is a child, with the exception of those violations contained in Paragraph (1) of Subsection A of Section [32-2-3] 32A-2-3 NMSA 1978 and all traffic offenses alleged to have been committed by the child arising out of the same occurrence pursuant to Subsection B of this section.

B. If the [children's] court acquires jurisdiction over a child pursuant to any of those Motor Vehicle Code violations contained in Paragraph (1) of Subsection A of Section [32-2-3] 32A-2-3 NMSA 1978, it shall have jurisdiction over all traffic offenses alleged to have been committed by the child arising out of the same occurrence.

C. A child shall not sign a penalty assessment for a traffic offense. Notice of a traffic offense committed by a child and a scheduled hearing date shall be mailed by the court exercising jurisdiction over the offense to the parent, guardian or custodian of the child. The court shall not hear the case if the parent, guardian or custodian is not present for the hearing and shall reschedule the hearing and subpoena the parent, guardian or custodian to appear at the rescheduled hearing.

[C.] D. All traffic offenses [which the] that a child is found to have committed by the municipal, magistrate or metropolitan court or for which the child is adjudicated delinquent by the children's court shall be subject to the reporting requirements and the suspension and revocation provisions of the Motor Vehicle Code and shall not be subject to the confidentiality provisions of the Delinquency Act.

[D.] E. No tribunal may incarcerate any child who has been found guilty of any Motor Vehicle Code or municipal traffic code violations without first securing the approval of the [children's] court. A child may be offered the opportunity to work off fines or court fees that a judge may waive through community service. In lieu of imposing a fine or sentencing a child to jail, a judge may sentence the child to perform community service. A child found guilty of a traffic offense pursuant to the Motor Vehicle Code or a municipal ordinance shall be placed on unsupervised probation for no less than one hundred eighty days. A child shall be required to return to court to provide evidence of successful completion of the community service to which he was sentenced. A judge may provide that a child cited for two traffic offenses arising from the same occurrence shall serve his community service sentences concurrently or consecutively, depending on the nature of the offense.

F. A child found guilty of an offense pursuant to Section 66-8-113, 66-8-114 or 66-8-115 NMSA 1978 or similar municipal ordinances; of exceeding the speed limit set by state law or municipal ordinance by twenty miles per hour or more; or of driving on a suspended or revoked license or otherwise without a license shall be required by the court to complete a driver safety course."

Section 2. Section 66-5-39 NMSA 1978 (being Laws 1978, Chapter 35, Section 261, as amended) is amended to read:

"66-5-39. DRIVING WHILE LICENSE SUSPENDED--[OR REVOKED--PROVIDING] PENALTIES.--

A. Any person who drives a motor vehicle on [any] a public highway of this state at a time when his privilege to do so is suspended [or revoked] and who knows or should have known that his license was suspended [or revoked] is guilty of a petty misdemeanor and shall be charged with a violation of this section.

B. Upon conviction [the] pursuant to this section, a person shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by [imprisonment for not less than four days or more than three hundred sixty-four days or participation for an equivalent period of time in a certified alternative sentencing program, and there may be imposed in addition a fine of not more than one thousand dollars ($1,000)] a fine of not more than three hundred dollars ($300) and shall be subject to a suspension of the person's privilege to drive for a period not to exceed ninety days.

C. Upon a second or subsequent conviction within a twelve-month period of driving a motor vehicle while the person's privilege to drive has been suspended, the violator shall be punished by imprisonment of not less than two days or more than ninety days or participation in a certified alternative sentencing program for no less than two days or no more than ninety days. In addition to any other penalty imposed, the court may impose a fine of not less than three hundred dollars ($300) or more than six hundred dollars ($600).

D. When a person pays any or all of the cost of participating in a certified alternative sentencing program, the court may apply that payment as a deduction to any fine imposed by the court. [Notwithstanding any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, upon conviction under this section, that person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) or not more than one thousand dollars ($1,000) and the fine and imprisonment shall not be suspended, deferred or taken under advisement. No other disposition by plea of guilty to any other charge in satisfaction of a charge under this section shall be authorized if the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act. Any]

E. A municipal ordinance prohibiting driving with a suspended [or revoked] license shall provide penalties no less stringent than provided in this section.

[B. In addition to any other penalties imposed pursuant to the provisions of this section, when a person is convicted pursuant to the provisions of this section or a municipal ordinance that prohibits driving on a suspended or revoked license, the motor vehicle the person was driving shall be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person's immediate family or the family of the owner of the motor vehicle. The convicted person shall bear the cost of immobilizing the motor vehicle.

C.] F. The division, upon receiving a record of the conviction of any person under this section upon a charge of driving a vehicle while the license of the person was suspended, shall extend the period of suspension for an additional [like] period [and if the conviction was upon a charge of driving while a license was revoked, the division shall not issue a new license for an additional period of one year from the date the person would otherwise have been entitled to apply for a new license] equal to the period of the current suspension."

Section 3. A new section of the Motor Vehicle Code, Section 66-5-39.1 NMSA 1978, is enacted to read:

"66-5-39.1. [NEW MATERIAL] DRIVING WHILE LICENSE IS REVOKED--PENALTIES.--

A. A person who drives a motor vehicle on a public highway of this state at a time when his privilege to do so is revoked and who knows or should have known that his license was revoked is guilty of a misdemeanor and shall be charged with a violation of this section.

B. Notwithstanding any other provision of law for suspension or deferment of execution of a sentence, if a person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, upon conviction pursuant to this section, that person shall be punished by imprisonment for not less than seven consecutive days and shall be fined not less than three hundred dollars ($300) or not more than one thousand dollars ($1,000). The fine and imprisonment shall not be suspended, deferred or taken under advisement. No other disposition by plea of guilty to any other charge in satisfaction of a charge pursuant to this section shall be authorized if the person's privilege to drive was revoked for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act.

C. A municipal ordinance prohibiting driving with a revoked license shall provide penalties no less stringent than provided in this section.

D. In addition to other penalties imposed pursuant to this section, when a person is convicted pursuant to the provisions of this section or a municipal ordinance that prohibits a person from driving while his driving privilege is revoked, the motor vehicle the person was driving shall be immobilized by an immobilization device for thirty days, unless immobilization of the motor vehicle poses an imminent danger to the health, safety or employment of the convicted person's immediate family or the family of the owners of the motor vehicle. The convicted person shall bear the cost of the immobilization of the motor vehicle.

E. The division shall not issue a new license for an additional period of one year from the date on which a person would otherwise be entitled to apply for a new license, if the person is convicted of driving while his privilege to drive is revoked pursuant to this section."

Section 4. 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 warning notice is given, at the time of making an arrest for [any] a penalty assessment misdemeanor the arresting officer shall offer the alleged violator the option of accepting a penalty assessment if the violator is eighteen years of age or older. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice. An alleged violator who is under the age of eighteen shall appear in court for a hearing on the offense and the parent, guardian or custodian of the alleged violator shall appear in court with the alleged violator.

B. Except for penalty assessments made under a municipal program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail 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, but checks tendered by the violator upon which payment is received are sufficient receipt.

C. [No] A record of any penalty assessment payment is not admissible as evidence in any court in any civil action."

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.