HOUSE BILL 115
49th legislature - STATE OF NEW MEXICO - second session, 2010
INTRODUCED BY
Thomas A. Garcia
AN ACT
RELATING TO MOTOR VEHICLES; REVOKING A DRIVER'S LICENSE FOR TEN YEARS AFTER A CONVICTION FOR VEHICULAR HOMICIDE OR GREAT BODILY INJURY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; PERMITTING PERSONS CONVICTED OF VEHICULAR HOMICIDE OR GREAT BODILY INJURY WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS TO APPLY FOR AN IGNITION INTERLOCK DRIVER'S LICENSE AFTER ONE YEAR AND TO APPLY FOR A NEW DRIVER'S LICENSE AFTER TEN YEARS; RECONCILING MULTIPLE AMENDMENTS TO THE SAME SECTION OF LAW IN LAWS 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 66-5-5 NMSA 1978 (being Laws 1975, Chapter 35, Section 227, as amended by Laws 2007, Chapter 316, Section 1 and by Laws 2007, Chapter 317, Section 1) is amended to read:
"66-5-5. PERSONS NOT TO BE LICENSED.--The division shall not issue a driver's license under the Motor Vehicle Code to any person:
A. who is under the age of eighteen years, except the division may, in its discretion, issue:
(1) an instruction permit to a person fifteen years of age or over who is enrolled in and attending or has completed a driver education course that includes a DWI education and prevention component approved by the bureau or offered by a public school;
(2) a provisional license to any person fifteen years and six months of age or older:
(a) who has completed a driver education course approved by the bureau or offered by a public school that includes a DWI education and prevention component and has had an instruction permit for at least six months; and
(b) who has successfully completed a practice driving component;
(3) a driver's license to any person sixteen years and six months of age or older:
(a) who has had a provisional license for the twelve-month period immediately preceding the date of the application for the driver's license;
(b) who has complied with restrictions on that license;
(c) who has not been convicted of a traffic violation that was committed during the ninety days prior to applying for a driver's license; and
(d) who has not been adjudicated for an offense involving the use of alcohol or drugs during that period and who has no pending adjudications alleging an offense involving the use of alcohol or drugs at the time of application; and
(4) to any person thirteen years of age or older who passes an examination prescribed by the division, a license restricted to the operation of a motorcycle, provided:
(a) the motorcycle is not in excess of one hundred cubic centimeters displacement;
(b) no holder of an initial license may carry any other passenger while driving a motorcycle; and
(c) the director approves and certifies motorcycles as not in excess of one hundred cubic centimeters displacement and by rule provides for a method of identification of such motorcycles by all law enforcement officers;
B. whose license or driving privilege has been suspended or denied, during the period of suspension or denial, or to any person whose license has been revoked, except as provided in Section 66-5-32 NMSA 1978 and the Ignition Interlock Licensing Act;
C. who is an habitual user of narcotic drugs or alcohol or an habitual user of any drug to a degree that renders the person incapable of safely driving a motor vehicle;
D. who is four or more times convicted of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug regardless of whether the convictions are under the laws or ordinances of this state or any municipality or county of this state or under the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof, except as provided in the Ignition Interlock Licensing Act. Five years from the date of the fourth conviction and every five years thereafter, the person may apply to any district court of this state for restoration of the license, and the court, upon good cause being shown, may order restoration of the license applied for; provided that the person has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs. Upon issuance of the order of restoration, a certified copy shall immediately be forwarded to the division, and if the person is otherwise qualified for the license applied for, the four previous convictions shall not prohibit issuance of the license;
E. who is convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or while under the influence of any drug pursuant to Section 66-8-101 NMSA 1978 or under the laws or ordinances of any municipality or county of this state or under the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof. Ten years from the date of the conviction and every five years thereafter, the person may apply to any district court of this state for restoration of the license, and the court, upon good cause being shown, may order restoration of the license applied for; provided that the person has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs. Upon issuance of the order of restoration, a certified copy shall immediately be forwarded to the division, and if the person is otherwise qualified for the license applied for, the conviction shall not prohibit issuance of the license;
[E.] F. who was convicted on or after June 17, 2005 of driving a motor vehicle while under the influence of intoxicating liquor or drugs pursuant to the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof, unless the person obtains an ignition interlock license as provided in the Ignition Interlock Licensing Act for a period of one year for a first conviction; a period of two years for a second conviction; a period of three years for a third conviction; or the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review as provided in Subsection D of this section. Upon presentation of proof satisfactory to the division, the division may credit time spent by a person operating a motor vehicle with an ignition interlock or comparable device, as a condition of the person's sentence for a conviction in another jurisdiction pursuant to this subsection, against the ignition interlock time requirements imposed by this subsection. The division shall promulgate rules necessary for granting credit to persons who participate in comparable out-of-state programs following a conviction for driving a motor vehicle while under the influence of intoxicating liquor or drugs. The requirements of this subsection shall not apply to a person who applies for a driver's license ten years or more from the date of the person's last conviction, except for a person who is subject to lifetime driver's license revocation for a conviction in another jurisdiction; [pursuant to this subsection F.] G. who has previously been afflicted with or who is suffering from any mental disability or disease that would render the person unable to drive a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health;
[G.] H. who is required by the Motor Vehicle Code to take an examination, unless the person has successfully passed the examination;
[H.] I. who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;
[I.] J. when the director has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare; or
[J.] K. as a motorcycle driver who is less than eighteen years of age and who has not presented a certificate or other evidence of having successfully completed a motorcycle driver education program licensed or offered in conformance with rules of the bureau."
Section 2. Section 66-5-29 NMSA 1978 (being Laws 1978, Chapter 35, Section 251, as amended) is amended to read:
"66-5-29. MANDATORY REVOCATION OF LICENSE BY DIVISION.--
A. The division shall immediately revoke the driving privilege or driver's license of a driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:
(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(2) any offense rendering a person a "first offender" as defined in the Motor Vehicle Code;
(3) any offense rendering a person a "subsequent offender" as defined in the Motor Vehicle Code;
(4) any felony in the commission of which a motor vehicle is used;
(5) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(6) perjury or the making of a false affidavit or statement under oath to the division under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; or
(7) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months.
B. Except as provided in the Ignition Interlock Licensing Act and in Subsection C, D, E, [or] F or G of this section, a person whose driving privilege or driver's license has been revoked under this section shall not be entitled to apply for or receive a new license until one year from the date that the conviction is final and all rights to an appeal have been exhausted.
C. A person who upon adjudication as a delinquent for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section 66-8-102 NMSA 1978 is subject to revocation of the driving privilege or driver's license under this section for an offense pursuant to which the person was also subject to revocation of the driving privilege or driver's license pursuant to Section 66-8-111 NMSA 1978 shall have the person's driving privilege or driver's license revoked for that offense for a combined period of time equal to:
(1) one year for a first offender; or
(2) for a subsequent offender:
(a) two years for a second conviction;
(b) three years for a third conviction; or
(c) the remainder of the offender's life for a fourth or subsequent conviction, subject to a five-year review, as provided in Sections 66-5-5 and 66-8-102 NMSA 1978.
D. A person who is convicted of homicide by vehicle or great bodily injury by vehicle while under the influence of intoxicating liquor or while under the influence of any drug pursuant to Section 66-8-101 NMSA 1978 is subject to revocation of the driving privilege or driver's license and shall have the person's driving privilege or driver's license revoked for that offense for the remainder of the offender's life, subject to a ten-year review, as provided in Section 66-5-5 NMSA 1978.
[D.] E. The division shall apply the license revocation provisions of Subsection C of this section and the provisions of Subsection D of Section 66-5-5 NMSA 1978 to a person who was three or more times convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs and who has a driver's license revocation pursuant to the law in effect prior to June 17, 2005, upon the request of the person and if the person has had an ignition interlock license for three years or more and has proof from the ignition interlock vendor of no violations of the ignition interlock device in the previous six months.
[E.] F. Upon receipt of an order from a court pursuant to Section 32A-2-19 NMSA 1978 or Subsection G of Section 32A-2-22 NMSA 1978, the division shall revoke the driver's license or driving privileges for a period of time in accordance with these provisions.
[F.] G. Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit that offense, the division shall revoke the driver's license or driving privileges of the convicted person. A person whose driver's license or driving privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new driver's license or driving privilege until one year from the date that the conviction is final and all rights to an appeal have been exhausted."
Section 3. Section 66-5-32 NMSA 1978 (being Laws 1978, Chapter 35, Section 254, as amended by Laws 2005, Chapter 241, Section 3 and by Laws 2005, Chapter 269, Section 3) is amended to read:
"66-5-32. PERIOD OF SUSPENSION OR REVOCATION.--
A. The division shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year except as permitted under Subsection C of this section and Sections 66-5-5, [and] 66-5-29 and 66-5-39 NMSA 1978.
B. Except as provided in the Ignition Interlock Licensing Act, a person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of the periods specified in Subsections B, [and] C and D of Section 66-5-29 NMSA 1978 from the date on which the revoked license was surrendered to and received by the division, the person may make application for a new license as provided by law.
C. The suspension period for failure to appear or failure to remit the penalty assessment shall, at the discretion of the director, be extended indefinitely subject to the provisions of Subsection B of Section 66-5-30 NMSA 1978."
Section 4. Section 66-5-503 NMSA 1978 (being Laws 2003, Chapter 239, Section 3, as amended) is amended to read:
"66-5-503. IGNITION INTERLOCK LICENSE--REQUIREMENTS--EXCLUSIONS.--
A. A person whose driving privilege or driver's license has been revoked or denied or who has not met the ignition interlock license requirement as a condition of reinstatement pursuant to Section 66-5-33.1 NMSA 1978 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;
(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
(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 until one year from the date that the conviction is final and all rights to appeal have been exhausted."
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.
- 13 -