HOUSE JUDICIARY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 125

48th legislature - STATE OF NEW MEXICO - first session, 2007

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING PENALTIES FOR TAMPERING WITH AN IGNITION INTERLOCK DEVICE; DECLARING AN EMERGENCY.

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

     Section 1. Section 66-5-503 NMSA 1978 (being Laws 2003, Chapter 239, Section 3) is amended to read:

     "66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS--EXCLUSIONS.--

          A. A person whose instructor's permit, driver's license or provisional license has been revoked or denied may apply for an ignition interlock license from the division.

          B. An applicant for an ignition interlock license shall:

                (1) provide proof of installation of the ignition interlock device by a traffic safety bureau-approved ignition interlock installer on any vehicle the applicant drives; and

                (2) sign an affidavit acknowledging that:

                     (a) operation by the applicant of any vehicle that is not equipped with an ignition interlock device is subject to penalties for driving with a revoked license; [and]

                     (b) tampering or interfering with the proper and intended operation of an ignition interlock device may subject the applicant to penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act; and

                     [(b)] (c) the applicant shall maintain the ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request.                         C. A person who has been convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-101 NMSA 1978, shall not be issued an ignition interlock license."

     Section 2. Section 66-5-504 NMSA 1978 (being Laws 2003, Chapter 239, Section 4) is amended to read:

     "66-5-504. PENALTIES.--

          A. A person who is issued an ignition interlock license and operates a vehicle that is not equipped with an ignition interlock device [in violation of the Ignition Interlock Licensing Act] is driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act and shall be subject to the penalties provided in Section 66-5-39 NMSA 1978.

          B. A person who is issued an ignition interlock license and who knowingly and deliberately tampers or interferes or causes another to tamper or interfere with the proper and intended operation of an ignition interlock device shall be subject to the penalties for driving with a license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act as provided in Section 66-5-39 NMSA 1978."

     Section 3. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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