HOUSE BILL 474

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

INTRODUCED BY

Sarah Maestas Barnes and Daniel A. Ivey-Soto

AN ACT

RELATING TO DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REQUIRING THE USE OF AN ELECTRONIC SOBRIETY MONITOR BY CERTAIN PERSONS RELEASED PENDING TRIAL WHERE A MONITOR IS AVAILABLE.

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

     SECTION 1. [NEW MATERIAL] REPEAT-ARRESTEES--CONDITION OF RELEASE--ELECTRONIC SOBRIETY MONITOR.--

          A. In a county that has a 24/7 sobriety monitoring program, a repeat-arrestee accused of a violation of Section 66-8-102 NMSA 1978 shall not be released on bail or personal recognizance pending trial unless an electronic sobriety monitor is placed on the person; provided that an electronic sobriety monitor is available for use at the time the person is approved for release.

          B. A person who is required to use an electronic sobriety monitor as provided in this section shall not be required to pay any fee or cost associated with the monitor. The cost of operating an electronic sobriety monitor may be paid for from the local DWI grant fund, from grants made available to 24/7 sobriety monitoring programs, from fees paid by offenders convicted of driving under the influence of intoxicating liquor or drugs to local or state courts or by a county DWI task force or from funds administered by a board of county commissioners.

          C. The period of time during which a person participates in a court-approved electronic sobriety monitoring program shall be credited as time served toward any sentence imposed by the court for a violation of Section 66-8-102 NMSA 1978.

          D. As used in this section:

                (1) "24/7 sobriety monitoring program" means a court-approved program operated by a county or a court that provides an electronic sobriety monitor to program participants and that provides information to the court when a violation of conditions of release is suspected;

                (2) "electronic sobriety monitor" means a device that is worn on a person's body, that monitors the presence of alcohol in the person's body and that can make an electronic report of the presence of alcohol in the person's body to the court-approved electronic sobriety monitoring program's administrator; and

                (3) "repeat-arrestee" means a person who has been arrested for a violation of Section 66-8-102 NMSA 1978 and who:

                     (a) was previously arrested for a violation of Section 66-8-102 NMSA 1978, regardless of the disposition of that arrest, within three years of the person's current arrest;

                     (b) was convicted for a violation of Section 66-8-102 NMSA 1978 within ten years of the person's current arrest; or

                     (c) was adjudicated as a delinquent for driving under the influence of intoxicating liquor or drugs within ten years of the person's current arrest.

     SECTION 2. APPLICABILITY.--The provisions of this act apply to offenses committed on or after July 1, 2017.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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