HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 772

47th legislature - STATE OF NEW MEXICO - first session, 2005

AN ACT

RELATING TO MOTOR VEHICLES; PROVIDING PENALTIES FOR FAILURE TO YIELD THE RIGHT OF WAY.

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

     Section 1. FAILURE TO YIELD THE RIGHT OF WAY--FAILURE TO YIELD THE RIGHT OF WAY CAUSING GREAT BODILY INJURY--FAILURE TO YIELD THE RIGHT OF WAY CAUSING DEATH--PENALTY.--

          A. It is unlawful for a person to fail to yield the right of way as described in Chapter 66, Article 7 NMSA 1978.

          B. As used in this section:

                (1) "conviction" means an adjudication of guilt and does not include imposition of a sentence; and

                (2) "great bodily injury" means an injury to a person that creates a high probability of death, causes serious disfigurement or results in permanent or protracted loss or impairment of the function of a member or organ of the body.

          C. A person convicted of failure to yield the right of way causing no great bodily injury or death is guilty of a misdemeanor and shall be punished pursuant to Section 66-8-7 NMSA 1978.

          D. A person convicted of failure to yield the right of way causing great bodily injury or death is guilty of a fourth degree felony and shall be punished pursuant to Section 31-18-15 NMSA 1978.

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