HOUSE BILL 65

49th legislature - STATE OF NEW MEXICO - second session, 2010

INTRODUCED BY

Brian F. Egolf

AN ACT

RELATING TO CRIMINAL LAW; PROVIDING AN INCREASED PENALTY FOR HOMICIDE BY VEHICLE WHEN THE DRIVER HAS AN ALCOHOL CONCENTRATION OF SIXTEEN ONE HUNDREDTHS OR MORE; INCREASING THE PENALTY ENHANCEMENT FOR PRIOR DWI CONVICTIONS.

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 HARM BY VEHICLE.--

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

          B. Great bodily 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. A person who commits homicide by vehicle or great bodily harm 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, provided that 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. A person who commits homicide by vehicle or great bodily 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] the basic sentence increased by [four] six years for each prior DWI conviction.

          E. A person who commits homicide by vehicle with an alcohol concentration of sixteen one hundredths or more in the person's blood or breath within three hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle 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. If the person has incurred a prior DWI conviction within ten years of the occurrence, the basic sentence shall be increased by six years for each prior DWI conviction.

          [E.] F. 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, including a tribal jurisdiction, when the criminal act is driving under the influence of alcohol or drugs.

          [F.] G. 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 harm 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, 2010.

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