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A MEMORIAL

REQUESTING A STUDY OF ALTERNATIVE ADJUDICATIVE PROCEDURES FOR

TRAFFIC OFFENSES STATEWIDE.

WHEREAS, in many jurisdictions throughout New Mexico,

minor traffic warrants represent more than one-half of all

outstanding warrants; and

WHEREAS, research data collected to determine the

effectiveness and efficiency of continued criminal warrant

notices have demonstrated that criminal warrants neither

represent a deterrent to the habitual offender's disregard of

the traffic codes nor provide increased public safety on the

highways; and

WHEREAS, research data indicate that the

ever-increasing number of traffic warrants is not reduced

until violators are stopped on other moving violations or

other criminal charges; and

WHEREAS, currently in Bernalillo county there are an

estimated sixty-one thousand seventy outstanding warrants for

minor traffic violations; and

WHEREAS, these violations include failure to pay fines

and failure to appear in court; and

WHEREAS, in 2007, six thousand two hundred twenty-four

persons were booked into the Bernalillo county metropolitan

detention center for traffic-related warrants and minor

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traffic violations, placing great strain on Bernalillo

county's sentencing and court systems and Bernalillo county's

metropolitan detention center; and

WHEREAS, removing criminal penalties, including the

possibility of incarceration in jails, from traffic and

driving penalties and instead punishing violations with civil

sanctions could make better use of the resources dedicated to

criminal justice without jeopardizing public safety and

without increasing the incarcerated population; and

WHEREAS, an amendment to punish traffic offenses by

fines and limitations on a driver's credit history and

ability to access public utilities could prove to be a lesser

drain on court and incarceration systems;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE

STATE OF NEW MEXICO that the state commence a statewide study

to examine alternative adjudicative procedures for traffic

offenses; and

BE IT FURTHER RESOLVED that the interim legislative

committee that studies courts and corrections issues study

current New Mexico law relating to minor traffic offenses,

report the study's findings and make recommendations for

legislation prior to the first session of the forty-ninth

legislature; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the governor and the co-chairs of the

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New Mexico legislative council.