SENATE BILL 651

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Lisa A. Torraco

AN ACT

RELATING TO MOTOR VEHICLES; INCREASING THE PENALTY FOR A PERSON WHO COMMITS CARELESS DRIVING THAT RESULTS IN DEATH OR GREAT BODILY HARM.

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

     SECTION 1. Section 66-8-114 NMSA 1978 (being Laws 1969, Chapter 169, Section 12) is amended to read:

     "66-8-114. CARELESS DRIVING.--

          A. [Any] A person operating a vehicle on the highway shall give [his] the person's full time and entire attention to the operation of the vehicle.

          B. [Any person who operates] Careless driving consists of operating a vehicle in a careless, inattentive or imprudent manner without due regard for the width, grade, curves, corners, traffic, weather and road conditions and all other attendant circumstances. Whoever commits careless driving is guilty of a misdemeanor as provided in Section 66-8-7 NMSA 1978.

          C. Whoever commits careless driving that results in death or great bodily harm to another person is guilty of a misdemeanor and shall be punished in accordance with the provisions of Section 31-19-1 NMSA 1978; provided that, notwithstanding Section 31-19-1 NMSA 1978, if the sentence is suspended in whole or deferred, the period of probation shall be two years. If the sentence includes a period of probation, the conditions of probation shall include driver improvement measures. For the purpose of this subsection, commission of a traffic offense pursuant to the Motor Vehicle Code shall constitute a violation of the conditions of probation.

          D. As used in this section, "great bodily harm"

means an injury to a person that creates a high probability of

death; that causes serious disfigurement; or that results in

permanent or protracted loss or permanent impairment of the

function of any member or organ of the body."

     SECTION 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2015.

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