SENATE BILL 131
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Joseph Cervantes
ENDORSED BY THE COURTS, CORRECTIONS AND JUSTICE COMMITTEE
AN ACT
RELATING TO TRAFFIC CITATIONS; PROVIDING FOR REMITTANCE OF PENALTY ASSESSMENTS TO THE COURTS; ALLOWING PERSONS CHARGED WITH TRAFFIC CITATIONS TO PAY THE PENALTY ASSESSMENT ANYTIME BEFORE APPEARANCE IN COURT; PROVIDING THAT A UNIFORM TRAFFIC CITATION IS A SUMMONS; REQUIRING THAT TRAFFIC CITATIONS BE SUBMITTED TO THE APPROPRIATE COURT WITHIN THREE DAYS OF ISSUANCE; CREATING A FUND; IMPOSING A FEE ON PENALTY ASSESSMENT MISDEMEANORS; MAKING AN APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] TRAFFIC CITATION ADMINISTRATION FUND--CREATED--PURPOSE.--
A. The "traffic citation administration fund" is created in the state treasury for appropriation by the legislature to the administrative office of the courts for the administration and processing of traffic citations in the courts, including the funding of full-time-equivalent positions dedicated to the administration and processing of traffic citations. The fund consists of traffic citation administration fees collected pursuant to Sections 35-6-1 and 66-8-116.3 NMSA 1978 and any appropriations, gifts, grants and donations. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year.
B. Payments from the traffic citation administration fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration.
SECTION 2. Section 35-6-1 NMSA 1978 (being Laws 1968, Chapter 62, Section 92, as amended) is amended to read:
"35-6-1. MAGISTRATE COSTS--SCHEDULE--DEFINITION OF
"CONVICTED".--
A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
docket fee, criminal actions under Section 29-5-1 NMSA 1978. . . . . . . . . . . . . . . . . . . . $ 1.00;
docket fee, to be collected prior to docketing any other
criminal action, except as provided in Subsection B
of Section 35-6-3 NMSA 1978. . . . . . . . . 20.00.
Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund;
docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978. . .72.00;
jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made. . . . . . . . . . . . . . .25.00;
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process. . . . . . . . . . . . . .0.50.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and
copying fee, for computer-generated or electronically
transferred copies, per page. . . . . . . . . .1.00.
Proceeds from this copying fee shall be transferred
to the administrative office of the courts for
deposit in the court automation fund.
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.
D. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate or metropolitan judge, either after trial, a plea of guilty or a plea of nolo contendere. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
(1) corrections fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court. . . . . . . .$10.00;
in a county without a metropolitan court. . . . . . 20.00;
(2) court automation fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of
imprisonment. . . . . . . . . . . . . . . . . . . . . . .10.00;
(3) traffic safety fee, to be collected upon
conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . . . . . 3.00;
(4) judicial education fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of
imprisonment. . . . . . . . . . . . . . . . . . . . . . .3.00;
(5) jury and witness fee, to be collected upon conviction from persons convicted of operating a motor vehicle in violation of the Motor Vehicle Code, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance punishable by a term of
imprisonment . . . . . . . . . . . . . . . . . . . . . . .5.00;
(6) brain injury services fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle. . . . . . . . . . . . . . . . . . . . . 5.00;
[and]
(7) court facilities fee, to be collected upon conviction from persons convicted of violating any provision of the Motor Vehicle Code involving the operation of a motor vehicle, convicted of a crime constituting a misdemeanor or a petty misdemeanor or convicted of violating any ordinance that may be enforced by the imposition of a term of imprisonment as follows:
in a county with a metropolitan court. . . . . . . .24.00;
in any other county. . . . . . . . . . . . . . . . 10.00;
and
(8) traffic citation administration fee, to be collected upon conviction from persons convicted of a penalty assessment misdemeanor. . . . . . . . . . . . . . . . . . 4.00.
E. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund."
SECTION 3. Section 35-7-4 NMSA 1978 (being Laws 1968, Chapter 62, Section 99, as amended) is amended to read:
"35-7-4. MAGISTRATE ADMINISTRATION--MONTHLY
REMITTANCES.--Each magistrate court shall pay to the administrative office of the courts, not later than the date each month established by regulation of the director of the administrative office, the amount of all fines, forfeitures and costs collected by the court during the previous month, except for amounts disbursed in accordance with law. The administrative office shall return to each magistrate court a written receipt itemizing all money received. The administrative office shall deposit the amount of all fines and forfeitures with the state treasurer for credit to the current school fund. The administrative office shall deposit the amount of all costs, except all costs collected pursuant to Subsections D and E of Section 35-6-1 NMSA 1978, for credit to the general fund. The amount of all costs collected pursuant to Subsections D and E of Section 35-6-1 NMSA 1978 shall be credited as follows:
A. the amount of all costs collected pursuant to Paragraph (1) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the local government corrections fund;
B. the amount of all costs collected pursuant to Paragraph (2) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the court automation fund;
C. the amount of all costs collected pursuant to Paragraph (3) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the traffic safety education and enforcement fund;
D. the amount of all costs collected pursuant to Paragraph (4) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the judicial education fund;
E. the amount of all costs collected pursuant to Paragraph (5) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the jury and witness fee fund;
F. the amount of all costs collected pursuant to Paragraph (6) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the brain injury services fund;
G. the amount of all costs collected pursuant to Paragraph (7) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the court facilities fund; [and]
H. the amount of all costs collected pursuant to Paragraph (8) of Subsection D of Section 35-6-1 NMSA 1978 for credit to the traffic citation administration fund; and
[H.] I. the amount of all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978 for credit to the metropolitan court mediation fund."
SECTION 4. Section 35-7-13 NMSA 1978 (being Laws 2010, Chapter 7, Section 1) is amended to read:
"35-7-13. MAGISTRATE COURTS OPERATIONS FUND--CREATED--PURPOSE--TERMINATION OF FUND.--The "magistrate courts operations fund" is created in the state treasury for appropriation by the legislature for the operations of magistrate courts. The fund consists of magistrate courts operations fees collected pursuant to Section 66-8-116.3 NMSA 1978 and any appropriations, gifts, grants and donations. Income from the fund shall be credited to the fund. Money in the fund at the end of fiscal years 2010, 2011, 2012 and 2013 shall not revert to any other fund. Balances remaining in the fund at the end of fiscal year 2014 shall [revert] be transferred to the [general] traffic citation administration fund, and the magistrate courts operations fund shall be dissolved on July 1, 2014."
SECTION 5. Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:
"66-5-30. AUTHORITY OF DIVISION TO SUSPEND OR REVOKE LICENSE.--
A. The division is authorized to suspend the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee:
(1) has been convicted of an offense for which mandatory revocation of license is required upon conviction;
(2) has been convicted as a driver in an accident resulting in the death or personal injury of another or serious property damage;
(3) has been convicted with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(4) is an habitually reckless or negligent driver of a motor vehicle;
(5) is incompetent to drive a motor vehicle;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has been convicted of an offense in another state or tribal jurisdiction that if committed within this state's jurisdiction would be grounds for suspension or revocation of the license;
(8) has violated provisions stipulated by a district court in limitation of certain driving privileges;
(9) has failed to fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a state court or tribal court, whenever appearance is required by law or by the court as a consequence of a charge or conviction under the Motor Vehicle Code or pursuant to the laws of the tribe;
(10) has failed to pay a penalty assessment within thirty days of the date of issuance by [the state or] a tribe; [or]
(11) has failed to pay a penalty assessment within the time frame as ordered by the court; or
[(11)] (12) has accumulated seven points, but less than eleven points, and when the division has received a recommendation from a municipal or magistrate judge that the license be suspended for a period not to exceed three months.
B. Upon suspending the license of a person as authorized in this section, the division shall immediately notify the licensee in writing and upon [his] the licensee's request shall afford [him] the licensee an opportunity for a hearing as early as practicable within not to exceed twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request in the county wherein the licensee resides unless the division and the licensee agree that the hearing may be held in some other county; provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail. The director may, in [his] the director's discretion, extend the twenty-day period. Upon the hearing, the director or [his] the director's duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon the hearing, the division shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify or extend the suspension of the license or revoke the license."
SECTION 6. Section 66-8-116.3 NMSA 1978 (being Laws 1989, Chapter 318, Section 35 and Laws 1989, Chapter 319, Section 14 and also Laws 1989, Chapter 320, Section 5, as amended) is amended to read:
"66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL FEES.--In addition to the penalty assessment established for each penalty assessment misdemeanor, there shall be assessed:
A. in a county without a metropolitan court, twenty dollars ($20.00) to help defray the costs of local government corrections;
B. a court automation fee of ten dollars ($10.00);
C. a traffic safety fee of three dollars ($3.00), which shall be credited to the traffic safety education and enforcement fund;
D. a judicial education fee of three dollars ($3.00), which shall be credited to the judicial education fund;
E. a jury and witness fee of five dollars ($5.00), which shall be credited to the jury and witness fee fund;
F. a juvenile adjudication fee of one dollar ($1.00), which shall be credited to the juvenile adjudication fund;
G. a brain injury services fee of five dollars ($5.00), which shall be credited to the brain injury services fund;
H. a court facilities fee as follows:
in a county with a metropolitan court. . . . . . . . . .$24.00;
in any other county. . . . . . . . . . . . . . . . . . . 10.00;
[and]
I. until May 31, 2014, a magistrate courts operations fee of four dollars ($4.00), which shall be credited to the magistrate courts operations fund; and
J. a traffic citation administration fee of four dollars ($4.00), which shall be credited to the traffic citation administration fund."
SECTION 7. Section 66-8-119 NMSA 1978 (being Laws 1968, Chapter 62, Section 159, as amended) is amended to read:
"66-8-119. PENALTY ASSESSMENT REVENUE--DISPOSITION.--
A. The [division] administrative office of the courts shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through I of Section
66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.
B. The [division] administrative office of the courts shall remit all penalty assessment fee receipts collected pursuant to:
(1) Subsection A of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the local government corrections fund;
(2) Subsection B of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court automation fund;
(3) Subsection C of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic safety education and enforcement fund;
(4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;
(5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the jury and witness fee fund;
(6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the juvenile adjudication fund;
(7) Subsection G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund;
(8) Subsection H of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund; [and]
(9) Subsection I of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the magistrate courts operations fund; and
(10) Subsection J of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the traffic citation administration fund."
SECTION 8. Section 66-8-123 NMSA 1978 (being Laws 1978, Chapter 35, Section 531, as amended) is amended to read:
"66-8-123. CONDUCT OF ARRESTING OFFICER--NOTICES BY CITATION.--
A. Except as provided in Section 66-8-122 NMSA 1978, unless a penalty assessment or warning notice is given, whenever a person is arrested for any violation of the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release [him] the person from custody.
B. Whenever a person is arrested for violation of a penalty assessment misdemeanor, [and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business reply envelope addressed to the motor vehicle division Santa Fe to the arrested person and release him from custody. No officer shall accept custody or payment of any penalty assessment. If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear] the arresting officer shall advise the person of the option either to accept the penalty assessment and pay it to the court or to appear in court. The arresting officer, using the uniform traffic citation, shall complete the information section, prepare the penalty assessment notice indicating the amount of the penalty assessment and prepare a notice to appear in court specifying the time and place to appear. The arresting officer shall have the person sign the citation as a promise either to pay the penalty assessment as prescribed or to appear in court as specified, give a copy of the citation to the person and release the person from custody. An officer shall not accept custody or payment of any penalty assessment.
C. The arresting officer may issue a warning notice, but shall fill in the information section of the uniform traffic citation and give a copy to the arrested person after requiring [his] a signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of suspension or revocation of license under Section 66-5-30 NMSA 1978.
D. In order to secure [his] release, the arrested person must give [his] a written promise to appear in court or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.
E. A penalty assessment citation issued by a law enforcement officer shall be submitted to the appropriate magistrate or metropolitan court within three business days of issuance. If the citation is not submitted within three business days, it may be dismissed with prejudice.
[E.] F. Any officer violating this section is guilty of a misconduct in office and is subject to removal.
[F.] G. A law enforcement officer who arrests a person without a warrant for a misdemeanor violation of the Motor Carrier Act, the Criminal Code, the Liquor Control Act or other New Mexico law may use the uniform traffic citation, issued pursuant to procedures outlined in Subsections B through E of Section 31-1-6 NMSA 1978, [Subsections B through E] in lieu of taking [him] the person to jail."
SECTION 9. Section 66-8-126 NMSA 1978 (being Laws 1978, Chapter 35, Section 534) is amended to read:
"66-8-126. FAILURE TO OBEY NOTICE TO APPEAR--SUMMONS--WARRANT.--
A. It is a misdemeanor for any person to violate [his] a written promise to pay the penalty assessment or to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.
B. A uniform traffic citation with a written promise to appear in court or to pay the penalty assessment is a summons. If a person fails to appear or to pay the penalty assessment by the appearance date, a warrant for failure to appear may be issued.
[B.] C. A written promise to appear in court may be complied with by appearance of counsel."
SECTION 10. Section 66-8-128 NMSA 1978 (being Laws 1978, Chapter 35, Section 536, as amended) is amended to read:
"66-8-128. UNIFORM TRAFFIC CITATION.--
A. The department shall prepare a uniform traffic citation containing at least the following information:
(1) an information section, serially numbered and containing spaces for the name, email, telephone number, physical address, [and] mailing address, city and state of the individual charged; the individual's physical description, age and sex; the registration number, year and state of the vehicle involved and its make and type; the state and number of the individual's driver's license; the specific section number and common name of the offense charged under the NMSA 1978 or local law; the date and time of arrest; the arresting officer's signature and identification number; and the conditions existing at the time of the violation; and
(2) a notice to appear [and
(3)] in court or to pay a penalty assessment [notice] with a place for the signature of the violator agreeing to appear in court or to pay the penalty assessment prescribed.
B. The department shall prescribe how the uniform traffic citation form may be used as a warning notice.
C. The department shall prescribe the size and number of copies of the paper version of the uniform traffic citation and the disposition of each copy. The department may also prescribe one or more electronic versions of the uniform traffic citation, and these electronic versions may be used in the issuance of citations.
D. Any entity that wishes to submit uniform traffic citations required to be submitted to the department by electronic means shall secure the prior permission of the department."
SECTION 11. Section 66-8-131 NMSA 1978 (being Laws 1961, Chapter 213, Section 10, as amended) is amended to read:
"66-8-131. UNIFORM TRAFFIC CITATION IS COMPLAINT.--The uniform traffic citation used as a notice to appear is a summons and a valid complaint, though not verified."
SECTION 12. APPROPRIATION.--Five hundred thousand dollars ($500,000) is appropriated from the general fund to the administrative office of the courts for expenditure in fiscal years 2014 and 2015 for the purchase of equipment and information technology infrastructure necessary for use in traffic citation administration and collection. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.
SECTION 13. REPEAL.--Section 66-8-117 NMSA 1978 (being Laws 1978, Chapter 35, Section 525, as amended) is repealed.
SECTION 14. EFFECTIVE DATE.--
A. The effective date of the provisions of Sections 1 through 3, 5 through 11 and 13 of this act is July 1, 2014.
B. The effective date of the provisions of Sections 4 and 12 of this act is July 1, 2013.
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