HOUSE BILL 319

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Joanne J. Ferrary and Sarah Maestas Barnes

AN ACT

RELATING TO CRIME; INCREASING PENALTIES WHEN A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN INJURY OR DEATH FAILS TO STOP AND REMAIN AT THE SCENE OF THE ACCIDENT.

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

     SECTION 1. Section 66-7-201 NMSA 1978 (being Laws 1978, Chapter 35, Section 390, as amended) is amended to read:

     "66-7-201. ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES.--

          A. The driver of [any] a vehicle involved in an accident resulting in injury to or death of [any] a person shall immediately stop the driver's vehicle at the scene of the accident or as close [thereto] to the scene as possible [but shall then] and immediately return to and [in every event shall] remain at the scene of the accident until [he] the driver has fulfilled the requirements of Section 66-7-203 NMSA 1978. [Every such stop shall be made] The driver shall stop and remain at the scene of the accident without obstructing traffic more than is necessary.

          B. [Any] A person [failing] who fails to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 [where the] with respect to an accident that results in great bodily harm or death is guilty of a [fourth] third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          C. [Any] A person who knowingly fails to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 [where the] with respect to an accident that results in great bodily harm or death is guilty of a [third] second degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          D. [Any] A person [failing] who fails to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 [where the] with respect to an accident that does not result in great bodily harm or death is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Subsection A of Section 31-19-1 NMSA 1978.

          E. A person who knowingly fails to stop or to comply with the requirements of Section 66-7-203 NMSA 1978 with respect to an accident that does not result in great bodily harm or death is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          [E.] F. The director shall revoke the license or permit to drive and any nonresident operating privilege of the person so convicted."

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