0001|                            HOUSE BILL 86
    |
0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
    |
0003|                            INTRODUCED BY
    |
0004|                              RICK MIERA
    |
0005|     
    |
0006|     
    |
0007|     
    |
0008|                   FOR THE DWI OVERSIGHT TASK FORCE
    |
0009|     
    |
0010|                                AN ACT
    |
0011|     RELATING TO MOTOR VEHICLES; AUTHORIZING THE USE OF CONVICTIONS
    |
0012|     FROM OTHER JURISDICTIONS FOR DRIVING WHILE UNDER THE INFLUENCE
    |
0013|     OF INTOXICATING LIQUOR OR DRUGS AS PRIOR CONVICTIONS; AMENDING
    |
0014|     A SECTION OF THE MOTOR VEHICLE CODE.
    |
0015|     
    |
0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0017|          Section 1.  Section 66-8-102 NMSA 1978 (being Laws 1953,
    |
0018|     Chapter 139, Section 54, as amended) is amended to read:
    |
0019|          "66-8-102.  PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR
    |
0020|     OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF
    |
0021|     INTOXICATING LIQUOR OR DRUGS--PENALTY.--
    |
0022|               A.  It is unlawful for any person who is under the
    |
0023|     influence of intoxicating liquor to drive any vehicle within
    |
0024|     this state.
    |
0025|               B.  It is unlawful for any person who is under the
    |
0001|     influence of any drug to a degree that renders him incapable of
    |
0002|     safely driving a vehicle to drive any vehicle within this
    |
0003|     state.
    |
0004|               C.  It is unlawful for any person who has an alcohol
    |
0005|     concentration of eight one-hundredths or more in his blood or
    |
0006|     breath to drive any vehicle within this state.
    |
0007|               D.  Aggravated driving while under the influence of
    |
0008|     intoxicating liquor or drugs consists of a person who:
    |
0009|                    (1)  has an alcohol concentration of sixteen
    |
0010|     one-hundredths or more in his blood or breath while driving any
    |
0011|     vehicle within this state;
    |
0012|                    (2)  has caused bodily injury to a human being
    |
0013|     as a result of the unlawful operation of a motor vehicle while
    |
0014|     driving under the influence of intoxicating liquor or drugs; or
    |
0015|                    (3)  refused to submit to chemical testing, as
    |
0016|     provided for in the Implied Consent Act, and in the judgment of
    |
0017|     the court, based upon evidence of intoxication presented to the
    |
0018|     court, <s>[the person]</s> was under the influence of intoxicating
    |
0019|     liquor or drugs.
    |
0020|               E.  Every person under first conviction under this
    |
0021|     section shall be punished, notwithstanding the provisions of
    |
0022|     Section 31-18-13 NMSA 1978, by imprisonment for not more than
    |
0023|     ninety days or by a fine of not more than five hundred dollars
    |
0024|     ($500), or both; provided that if the sentence is suspended in
    |
0025|     whole or in part or deferred, the period of probation may
    |
0001|     extend beyond ninety days but shall not exceed one year.  Upon
    |
0002|     a first conviction under this section, an offender may be
    |
0003|     sentenced to not less than forty-eight hours of community
    |
0004|     service or a fine of three hundred dollars ($300).  The
    |
0005|     offender shall be ordered by the court to attend a driver
    |
0006|     rehabilitation program for alcohol or drugs, also known as a
    |
0007|     "DWI school", approved by the traffic safety bureau of the
    |
0008|     state highway and transportation department and also may be
    |
0009|     required to participate in other rehabilitative services as the
    |
0010|     court shall determine to be necessary.  In addition to those
    |
0011|     penalties, when an offender commits aggravated driving while
    |
0012|     under the influence of intoxicating liquor or drugs, the
    |
0013|     offender shall be sentenced to not less than forty-eight
    |
0014|     consecutive hours in jail.  If an offender fails to complete,
    |
0015|     within a time specified by the court, any community service,
    |
0016|     screening program, treatment program or DWI school ordered by
    |
0017|     the court, the offender shall be sentenced to not less than an
    |
0018|     additional forty-eight consecutive hours in jail.  Any jail
    |
0019|     sentence imposed under this subsection for failure to complete,
    |
0020|     within a time specified by the court, any community service,
    |
0021|     screening program, treatment program or DWI school ordered by
    |
0022|     the court or for aggravated driving while under the influence
    |
0023|     of intoxicating liquor or drugs shall not be suspended,
    |
0024|     deferred or taken under advisement.  On a first conviction
    |
0025|     under this section, any time spent in jail for the offense
    |
0001|     prior to the conviction for that offense shall be credited to
    |
0002|     any term of imprisonment fixed by the court.  A deferred
    |
0003|     sentence under this subsection shall be considered a first
    |
0004|     conviction for the purpose of determining subsequent
    |
0005|     convictions.
    |
0006|               F.  A second or third conviction under this section
    |
0007|     shall be punished, notwithstanding the provisions of Section
    |
0008|     31-18-13 NMSA 1978, by imprisonment for not more than three
    |
0009|     hundred sixty-four days or by a fine of not more than one
    |
0010|     thousand dollars ($1,000), or both; provided that if the
    |
0011|     sentence is suspended in whole or in part, the period of
    |
0012|     probation may extend beyond one year but shall not exceed five
    |
0013|     years.  Notwithstanding any provision of law to the contrary
    |
0014|     for suspension or deferment of execution of a sentence:
    |
0015|                    (1)  upon a second conviction, each offender
    |
0016|     shall be sentenced to a jail term of not less than seventy-two
    |
0017|     consecutive hours, forty-eight hours of community service and a
    |
0018|     fine of five hundred dollars ($500).  In addition to those
    |
0019|     penalties, when an offender commits aggravated driving while
    |
0020|     under the influence of intoxicating liquor or drugs, the
    |
0021|     offender shall be sentenced to a jail term of not less than
    |
0022|     ninety-six consecutive hours.  If an offender fails to
    |
0023|     complete, within a time specified by the court, any community
    |
0024|     service, screening program or treatment program ordered by the
    |
0025|     court, the offender shall be sentenced to not less than an
    |
0001|     additional seven consecutive days in jail.  A penalty imposed
    |
0002|     pursuant to this paragraph shall not be suspended or deferred
    |
0003|     or taken under advisement; and
    |
0004|                    (2)  upon a third conviction, an offender shall
    |
0005|     be sentenced to a jail term of not less than thirty consecutive
    |
0006|     days and a fine of seven hundred fifty dollars ($750).  In
    |
0007|     addition to those penalties, when an offender commits
    |
0008|     aggravated driving while under the influence of intoxicating
    |
0009|     liquor or drugs, the offender shall be sentenced to a jail term
    |
0010|     of not less than sixty consecutive days.  If an offender fails
    |
0011|     to complete, within a time specified by the court, any
    |
0012|     screening program or treatment program ordered by the court,
    |
0013|     the offender shall be sentenced to not less than an additional
    |
0014|     sixty consecutive days in jail.  A penalty imposed pursuant to
    |
0015|     this paragraph shall not be suspended or deferred or taken
    |
0016|     under advisement.
    |
0017|               G.  Upon a fourth or subsequent conviction under
    |
0018|     this section, an offender is guilty of a fourth degree felony,
    |
0019|     as provided in Section 31-18-15 NMSA 1978, and shall be
    |
0020|     sentenced to a jail term of not less than six months, which
    |
0021|     shall not be suspended or deferred or taken under advisement.
    |
0022|               H.  Upon any conviction under this section, an
    |
0023|     offender shall be required to participate in and complete,
    |
0024|     within a time specified by the court, an alcohol or drug abuse
    |
0025|     screening program and if necessary, a treatment program
    |
0001|     approved by the court.
    |
0002|               I.  In the case of a first, second or third offense
    |
0003|     under this section, the magistrate court has concurrent
    |
0004|     jurisdiction with district courts to try the offender. 
    |
0005|               J.  A conviction under a municipal or county
    |
0006|     ordinance <u>in New Mexico or a law of any other jurisdiction,
</u>    |
<u></u>0007| <u>    territory or possession of the United States</u> prescribing
    |
0008|     penalties for driving while under the influence of intoxicating
    |
0009|     liquor or drugs shall be deemed to be a conviction under this
    |
0010|     section for purposes of determining whether a conviction is a
    |
0011|     second or subsequent conviction.
    |
0012|               K.  In addition to any other fine or fee which may
    |
0013|     be imposed pursuant to the conviction or other disposition of
    |
0014|     the offense under this section, the court may order the
    |
0015|     offender to pay the costs of any court-ordered screening and
    |
0016|     treatment programs.
    |
0017|               L.  As used in this section:
    |
0018|                    (1)  "bodily injury" means an injury to a
    |
0019|     person that is not likely to cause death or great bodily harm
    |
0020|     to the person, but does cause painful temporary disfigurement
    |
0021|     or temporary loss or impairment of the functions of any member
    |
0022|     or organ of the person's body; and
    |
0023|                    (2)  "conviction" means an adjudication of
    |
0024|     guilt and does not include imposition of a sentence."
    |
0025|          Section 2.  EFFECTIVE DATE.--The effective date of the
    |
0001|     provisions of this act is July 1, 1997.
    |
0002|                                                         State of New Mexico
    |
0003|                      House of Representatives
    |
0004|   
    |
0005|                      FORTY-THIRD LEGISLATURE
    |
0006|                        FIRST SESSION, 1997
    |
0007|   
    |
0008|   
    |
0009|                                                January 31, 1997
    |
0010|   
    |
0011|   
    |
0012|   Mr. Speaker:
    |
0013|   
    |
0014|        Your JUDICIARY COMMITTEE, to whom has been referred
    |
0015|   
    |
0016|                        HOUSE BILL 86
    |
0017|   
    |
0018|   has had it under consideration and reports same with
    |
0019|   recommendation that it DO PASS, amended as follows:
    |
0020|   
    |
0021|        1.   On page 6, line 5, after the word "States" insert ",
    |
0022|   which is equivalent to New Mexico law for driving under the
    |
0023|   influence of intoxicating liquor or drugs,",
    |
0024|   
    |
0025|   and thence referred to the APPROPRIATIONS AND FINANCE
    |
0001|   COMMITTEE.
    |
0002|   
    |
0003|                                 Respectfully submitted,
    |
0004|   
    |
0005|   
    |
0006|   
    |
0007|                                 <u>                                
</u>    |
<u></u>0008| <u>  
</u>    |
<u></u>0009| <u>                                </u>                             Thomas P. Foy, Chairman
    |
0010|   
    |
0011|   
    |
0012|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0013| <u>   </u>
    |
0014|             (Chief Clerk)                       (Chief Clerk)
    |
0015|   
    |
0016|                        Date <u>            </u>
    |
0017|   
    |
0018|   The roll call vote was<u> 13 </u> For<u> 0 </u> Against
    |
0019|   Yes:      13
    |
0020|             Excused:  None
    |
0021|             Absent:   None
    |
0022|   
    |
0023|   
    |
0024|   
    |
0025|   G:\BILLTEXT\BILLW_97\H0086                       State of New Mexico
    |
0001|                      House of Representatives
    |
0002|   
    |
0003|                      FORTY-THIRD LEGISLATURE
    |
0004|                        FIRST SESSION, 1997
    |
0005|   
    |
0006|   
    |
0007|                                               February 22, 1997
    |
0008|   
    |
0009|   
    |
0010|   Mr. Speaker:
    |
0011|   
    |
0012|        Your APPROPRIATIONS AND FINANCE COMMITTEE, to
    |
0013|   whom has been referred
    |
0014|   
    |
0015|                  HOUSE BILL 86, as amended
    |
0016|                               
    |
0017|   has had it under consideration and reports same with
    |
0018|   recommendation that it DO PASS.
    |
0019|   
    |
0020|                                 Respectfully submitted,
    |
0021|   
    |
0022|   
    |
0023|   
    |
0024|                                 <u>                                
</u>    |
<u></u>0025| <u>  
</u>    |
<u></u>0001| <u>                                </u>                             Max Coll, Chairman
    |
0002|   
    |
0003|   
    |
0004|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0005| <u>   </u>
    |
0006|             (Chief Clerk)                       (Chief Clerk)
    |
0007|   
    |
0008|                        Date <u>            </u>
    |
0009|   
    |
0010|   The roll call vote was<u> 13 </u> For<u> 0 </u> Against
    |
0011|   Yes:      13
    |
0012|             Excused:  Abeyta, Garcia, M.H., Pearce, Varela
    |
0013|             Absent:   None
    |
0014|   
    |
0015|   
    |
0016|   G:\BILLTEXT\BILLW_97\H0086
    |
0017|   
    |
0018|   
    |
0019|     
    |
0020|   
    |
0021|                      FORTY-THIRD LEGISLATURE
    |
0022|                        FIRST SESSION, 1997
    |
0023|   
    |
0024|   
    |
0025|                                                  March 17, 1997
    |
0001|   
    |
0002|   Mr. President:
    |
0003|   
    |
0004|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been
    |
0005|   referred
    |
0006|   
    |
0007|                     HOUSE BILL 86, as amended
    |
0008|   
    |
0009|   has had it under consideration and reports same with
    |
0010|   recommendation that it DO PASS, and thence referred to the
    |
0011|   JUDICIARY COMMITTEE.
    |
0012|   
    |
0013|                                Respectfully submitted,
    |
0014|   
    |
0015|   
    |
0016|   
    |
0017|                                
    |
0018|   __________________________________
    |
0019|                                Shannon Robinson, Chairman 
    |
0020|   
    |
0021|   
    |
0022|   
    |
0023|   Adopted_______________________   Not
    |
0024|   Adopted_______________________
    |
0025|             (Chief Clerk)                          (Chief Clerk)
    |
0001|   
    |
0002|   
    |
0003|                     Date ________________________
    |
0004|   
    |
0005|   
    |
0006|   The roll call vote was <u> 5 </u> For <u> 0 </u> Against
    |
0007|           Yes:    5
    |
0008|           No:     0
    |
0009|                Excused:     Rodarte, Smith, Ingle, Vernon
    |
0010|           Absent: None
    |
0011|   
    |
0012|   
    |
0013|   H0086PA1
    |
0014|   
    |
0015|     
    |
0016|   
    |
0017|                      FORTY-THIRD LEGISLATURE
    |
0018|                        FIRST SESSION, 1997
    |
0019|   
    |
0020|   
    |
0021|                                                  March 20, 1997
    |
0022|   
    |
0023|   Mr. President:
    |
0024|   
    |
0025|       Your JUDICIARY COMMITTEE, to whom has been referred
    |
0001|   
    |
0002|                     HOUSE BILL 86, as amended
    |
0003|   
    |
0004|   has had it under consideration and reports same with
    |
0005|   recommendation that it DO PASS.
    |
0006|   
    |
0007|                                Respectfully submitted,
    |
0008|   
    |
0009|   
    |
0010|   
    |
0011|                                
    |
0012|   __________________________________
    |
0013|                                Fernando R. Macias, Chairman 
    |
0014|   
    |
0015|   
    |
0016|   
    |
0017|   Adopted_______________________   Not
    |
0018|   Adopted_______________________
    |
0019|             (Chief Clerk)                          (Chief Clerk)
    |
0020|   
    |
0021|   
    |
0022|   
    |
0023|                     Date ________________________
    |
0024|   
    |
0025|   
    |
0001|   The roll call vote was <u> 6 </u> For <u> 1 </u> Against
    |
0002|           Yes:    6
    |
0003|           No:     Sanchez
    |
0004|                Excused:     None
    |
0005|           Absent: None
    |
0006|   
    |
0007|   
    |
0008|   H0086JU1
    |