SENATE BILL 288

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Ron Griggs

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; INCREASING PENALTIES FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS ON A LICENSE SUSPENDED OR REVOKED FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; CLARIFYING THE ELEMENTS FOR PERMITTING AN UNAUTHORIZED PERSON TO DRIVE FOR DRIVERS DRIVING ON A LICENSE REVOKED FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING FOR PENALTIES.

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

     SECTION 1. A new Section 66-5-39.2 NMSA 1978 is enacted to read:

     "66-5-39.2. [NEW MATERIAL] INCREASED PENALTY FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS ON A LICENSE SUSPENDED OR REVOKED FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Notwithstanding any other provision of law for suspension or deferment of execution of a sentence, if the person's privilege to drive was revoked or suspended for driving while under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act, and if the person is convicted of driving with a suspended license pursuant to Section 66-5-39 NMSA 1978 or driving with a revoked license under Section 66-5-39.1 NMSA 1978 and the driving offense for which the person was convicted is driving while under the influence of intoxicating liquor or drugs, then that person is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978, and the fine and imprisonment shall not be suspended, deferred or taken under advisement."

     SECTION 2. Section 66-5-41 NMSA 1978 (being Laws 1978, Chapter 35, Section 263) is amended to read:

     "66-5-41. PERMITTING UNAUTHORIZED PERSON TO DRIVE.--

          A. No person shall authorize or knowingly permit a motor vehicle owned by [him] the person or under [his] the person's control to be driven upon any highway by [any person] another who the person knows or should have known is not authorized [hereunder or is in violation of any of the provisions of this article] under the Motor Vehicle Code.

          B. If a person authorizes or knowingly permits a motor vehicle owned by that person or under that person's control to be driven upon any highway by another whom the person reasonably should have known has a license that, at the time the authorization or permission is given, was revoked for driving under the influence of intoxicating liquor or drugs, and if the person to whom authorization or permission was given is arrested for driving under the influence of intoxicating liquor or drugs, then the person who gave the authorization or permission may be charged as a party to the crime of driving with a revoked license pursuant to Sections 66-5-39.1 and

66-8-120 NMSA 1978."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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