SENATE BILL 714

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

INTRODUCED BY

Phil A. Griego

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REQUIRING INSTALLATION OF AN IGNITION INTERLOCK DEVICE AFTER ARREST AS A CONDITION OF RELEASE; ALLOWING ASSISTANCE FROM THE INTERLOCK DEVICE FUND TO INDIGENT ARRESTEES.

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

     Section 1. [NEW MATERIAL] IGNITION INTERLOCK AS A CONDITION OF RELEASE.--

          A. In addition to any bail or bond requirements, a person arrested for driving under the influence of intoxicating liquor or drugs pursuant to the provisions of Section 66-8-102 NMSA 1978 shall be required, as a condition of release:

                (1) to install an ignition interlock device on all vehicles registered in the person's name until final adjudication and disposition of the charge; and

                (2) to operate only a vehicle equipped with an ignition interlock device.

          B. The requirement of an ignition interlock device pursuant to this section shall not be deemed a punishment and shall not impact the adjudication or sentence in a case.

     Section 2. Section 66-8-102.3 NMSA 1978 (being Laws 2002, Chapter 82, Section 2, as amended) is amended to read:

     "66-8-102.3. IMPOSING A FEE--CREATING A FUND.--

          A. A fee is imposed on all persons who provide ignition interlock devices to a person arrested for or convicted of driving while under the influence of intoxicating liquor or drugs pursuant to Section 66-8-102 NMSA 1978 or a person whose driver's license is revoked pursuant to the provisions of the Implied Consent Act, in the amount of ten percent of the amount charged to lease, install, service and remove each ignition interlock device for a person arrested or convicted pursuant to Section 66-8-102 NMSA 1978 or whose driver's license is revoked pursuant to the provisions of the Implied Consent Act and shall be paid monthly to the local government division of the department of finance and administration.

          B. The "interlock device fund" is created in the state treasury. The fee imposed pursuant to Subsection A of this section shall be distributed to the fund by the local government division of the department of finance and administration.

          C. All money in the interlock device fund is appropriated to the local government division of the department of finance and administration to cover the costs of installing, leasing for the initial four months and removing ignition interlock devices for indigent people who are required, pursuant to arrests or convictions under Section 66-8-102 NMSA 1978 or driver's license revocations pursuant to the provisions of the Implied Consent Act, to install those devices in their vehicles. Indigency shall be determined by the [sentencing] court.

          D. Any balance remaining in the interlock device fund shall not revert to the general fund at the end of any fiscal year.

          E. The interlock device fund shall be administered by the local government division of the department of finance and administration."

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