HOUSE BILL 489

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Al Park

AN ACT

RELATING TO CRIMINAL SENTENCING; INCREASING PENALTIES FOR HOMICIDE BY VEHICLE; INCREASING PENALTIES FOR GREAT BODILY HARM BY VEHICLE; CREATING OFFENSES FOR CAUSING INJURY BY VEHICLE; PROVIDING PENALTIES; AMENDING A SECTION OF THE NMSA 1978.

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

     Section 1. Section 66-8-101 NMSA 1978 (being Laws 1978, Chapter 35, Section 509, as amended) is amended to read:

     "66-8-101. HOMICIDE BY VEHICLE--GREAT BODILY [INJURY] HARM BY VEHICLE--INJURY BY VEHICLE.--

          A. Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle.

          B. Great bodily [injury] harm by vehicle is the injuring of a human being, to the extent defined in Section 30-1-12 NMSA 1978, in the unlawful operation of a motor vehicle.

          C. Injury by vehicle is the injuring of a human being, to an extent less than great bodily harm, in the unlawful operation of a motor vehicle.

          [C. Any] D. A person who commits homicide by vehicle or great bodily [injury] harm by vehicle upon a child while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a [third] first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. [provided that] A violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.

          E. A person who commits homicide by vehicle upon an adult while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a second degree felony resulting in the death of a human being and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.

          F. A person who commits great bodily harm by vehicle upon an adult while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.

          G. A person who commits injury by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. A violation of speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978.

          [D. Any] H. A person who commits homicide by vehicle or great bodily [injury] harm by vehicle while under the influence of intoxicating liquor or while under the influence of any drug, as provided in [Subsection C of] this section, and who has incurred a prior DWI conviction within ten years of the occurrence for which he is being sentenced under this section shall have his basic sentence increased by two years for each prior DWI conviction. The sentence imposed pursuant to this subsection shall not be suspended or deferred.

          [E.] I. For the purposes of this section, "prior DWI conviction" means:

                (1) a prior conviction under Section 66-8-102 NMSA 1978; or

                (2) a prior conviction in New Mexico or any other jurisdiction, territory or possession of the United States or of a tribe when the criminal act is driving under the influence of alcohol or drugs.

          [F. Any] J. A person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 NMSA 1978 and directly or indirectly causes the death of or great bodily [injury] harm to a [human being] child is guilty of a [third degree felony] first degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          K. A person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 NMSA 1978 and directly or indirectly causes the death of an adult human being is guilty of a second degree felony resulting in the death of a human being and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          L. A person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 NMSA 1978 and directly or indirectly causes great bodily harm to an adult human being is guilty of a second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          M. A person who willfully operates a motor vehicle in violation of Subsection C of Section 30-22-1 NMSA 1978 and directly or indirectly causes injury to a human being is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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