SENATE BILL 172

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

INTRODUCED BY

Kent L. Cravens

AN ACT

PROHIBITING INTOXICATION BY PERSONS UNDER TWENTY-ONE YEARS OF AGE; PROVIDING CIVIL PENALTIES.

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

     Section 1. A new section of the Liquor Control Act is enacted to read:

     "[NEW MATERIAL] INTOXICATION BY MINORS--CIVIL PENALTIES.--

          A. A minor shall not be intoxicated by alcoholic beverages.

          B. A minor who violates the provisions of Subsection A of this section shall be ordered to attend an alcohol prevention or early intervention program approved by the department of health that is at least twelve hours in length. In addition:

                (1) for a first violation, the minor's driver's license shall be suspended for a period of thirty days. If the minor is too young to be eligible for a driver's license at the time of the violation, then thirty days shall be added to the date the minor would otherwise become eligible for a driver's license;

                (2) for a second violation:

                     (a) the minor's driver's license shall be suspended for a period of ninety days. If the minor is too young to be eligible for a driver's license at the time of the violation, then ninety days shall be added to the date the minor would otherwise become eligible for a driver's license; and

                     (b) the minor shall be fined an amount not to exceed one thousand dollars ($1,000) or ordered to perform forty hours of community service related to reducing the incidence of driving under the influence of intoxicating liquor or both; or

                (3) for a third or subsequent violation:

                     (a) the minor's driver's license shall be suspended for a period of two years or until the minor reaches twenty-one years of age, whichever period of time is greater; and

                     (b) the minor shall be fined an amount not to exceed one thousand dollars ($1,000) or ordered to perform sixty hours of community service related to reducing the incidence of driving under the influence of intoxicating liquor or both.

          C. The provisions of Section 60-7A-25 NMSA 1978 shall not apply to a minor who violates this section."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2010.

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