0001| HOUSE BILL 88
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| R. DAVID PEDERSON
|
0005|
|
0006|
|
0007|
|
0008| FOR THE DWI OVERSIGHT TASK FORCE
|
0009|
|
0010| AN ACT
|
0011| RELATING TO LAW ENFORCEMENT; REQUIRING THAT ALL PERSONS
|
0012| CONVICTED FOR COMMITTING DRIVING WHILE UNDER THE INFLUENCE OF
|
0013| INTOXICATING LIQUOR OR DRUGS BE FINGERPRINTED; REQUIRING THAT
|
0014| ALL PERSONS ARRESTED FOR COMMITTING DRIVING WHILE UNDER THE
|
0015| INFLUENCE OF INTOXICATING LIQUOR OR DRUGS BE FINGERPRINTED;
|
0016| INCREASING A FEE; AMENDING SECTIONS OF THE NMSA 1978; MAKING AN
|
0017| APPROPRIATION.
|
0018|
|
0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0020| Section 1. Section 29-3-1 NMSA 1978 (being Laws 1935,
|
0021| Chapter 149, Section 4, as amended) is amended to read:
|
0022| "29-3-1. NEW MEXICO STATE POLICE--IDENTIFICATION AND
|
0023| INFORMATION.--
|
0024| A. It [shall be] is the duty of the New Mexico
|
0025| state police to install and maintain complete systems for the
|
0001| identification of criminals, including the fingerprint system
|
0002| and the modus operandi system. The New Mexico state police
|
0003| shall obtain, from whatever source procurable, and shall file
|
0004| and preserve for record, [such] plates, photographs, outline
|
0005| pictures, fingerprints, measurements, descriptions, modus
|
0006| operandi statements and such other information about,
|
0007| concerning and relating to any and all persons who have been or
|
0008| who shall [here after] be convicted of a felony or who shall
|
0009| attempt to commit a felony within this state or who are well-
|
0010| known and habitual criminals or who have been convicted of any
|
0011| of the following felonies or misdemeanors:
|
0012| (1) illegally carrying, concealing or
|
0013| possessing a pistol or any other dangerous weapon;
|
0014| (2) buying or receiving stolen property;
|
0015| (3) unlawful entry of a building;
|
0016| (4) escaping or aiding an escape from
|
0017| prison;
|
0018| (5) making or possessing a fraudulent or
|
0019| forged check or draft;
|
0020| (6) petit larceny; [and]
|
0021| (7) unlawfully possessing or distributing
|
0022| habit-forming narcotic drugs; and
|
0023| (8) driving while under the influence of
|
0024| intoxicating liquor or drugs.
|
0025| B. The New Mexico state police may also obtain like
|
0001| information concerning persons who have been convicted of
|
0002| violating any of the military, naval or criminal laws of the
|
0003| United States or who have been convicted of a crime in any
|
0004| other state, country, district or province, which, if committed
|
0005| within this state, would be a felony.
|
0006| C. The New Mexico state police shall make a
|
0007| complete and systematic record and index of all information
|
0008| obtained for the purpose of providing a convenient and
|
0009| expeditious method of consultation and comparison."
|
0010| Section 2. Section 29-3-8 NMSA 1978 (being Laws 1978,
|
0011| Chapter 87, Section 1, as amended) is amended to read:
|
0012| "29-3-8. FINGERPRINTING OF PERSONS ARRESTED--
|
0013| DISPOSITION.--
|
0014| A. Any person arrested for the commission of any
|
0015| criminal offense amounting to a felony under the laws of this
|
0016| state or any other jurisdiction shall be required by the
|
0017| arresting peace officer to make fingerprint impressions.
|
0018| B. Any person arrested for the commission of any
|
0019| criminal offense not amounting to a felony but punishable by
|
0020| imprisonment for more than six months under the laws of this
|
0021| state or any political subdivision shall be required to make
|
0022| fingerprint impressions.
|
0023| C. A person arrested for violating a provision of
|
0024| Section 66-8-102 NMSA 1978 or committing a violation of a
|
0025| municipal or county ordinance prescribing criminal penalties
|
0001| for driving while under the influence of intoxicating liquor or
|
0002| drugs shall be required by the arresting peace officer to make
|
0003| fingerprint impressions.
|
0004| [C.] D. Fingerprint impressions shall be made
|
0005| pursuant to rules adopted by the New Mexico state police board,
|
0006| and all felony arrest fingerprints shall be made in duplicate;
|
0007| one copy shall be forwarded to the New Mexico state police and
|
0008| one copy shall be forwarded to the federal bureau of
|
0009| investigation in Washington, D. C.
|
0010| [D.] E. One copy of the fingerprint impressions
|
0011| of each person arrested under the provisions of Subsection B of
|
0012| this section shall be forwarded to the New Mexico state police.
|
0013| A copy may be sent to the [FBI] federal bureau of
|
0014| investigation in Washington, D. C. if:
|
0015| (1) there is a question of identity;
|
0016| (2) a check of [FBI] federal bureau of
|
0017| investigation files is considered necessary for investigative
|
0018| purposes; or
|
0019| (3) the individual is suspected of being a
|
0020| fugitive."
|
0021| Section 3. Section 66-7-512 NMSA 1978 (being Laws 1990,
|
0022| Chapter 57, Section 1) is amended to read:
|
0023| "66-7-512. TRAFFIC SAFETY EDUCATION AND ENFORCEMENT FUND
|
0024| CREATED.--
|
0025| A. There is created in the state treasury the
|
0001| "traffic safety education and enforcement fund". The fund
|
0002| shall be invested in accordance with the provisions of Section
|
0003| 6-10-10 NMSA 1978 and all income earned on the fund shall be
|
0004| credited to the fund.
|
0005| B. The traffic safety education and enforcement
|
0006| fund shall be used to institute and promote a statewide program
|
0007| of traffic safety through education and enforcement to reduce
|
0008| serious and fatal traffic accidents and to provide for the
|
0009| purchase of equipment and support services as are necessary to
|
0010| establish and maintain the program.
|
0011| C. No less than fifty percent of the money
|
0012| deposited in the traffic safety education and enforcement
|
0013| fund shall be allocated to the law enforcement agency that
|
0014| issued the citation, provided the agency has submitted a
|
0015| traffic safety program plan [which] that is approved by the
|
0016| traffic safety bureau of the state highway and transportation
|
0017| department. Law enforcement agencies shall use the money
|
0018| allocated from the fund to purchase equipment, including
|
0019| equipment for making fingerprint impressions of all persons
|
0020| arrested for or convicted of driving while under the influence
|
0021| of intoxicating liquor or drugs, and support services as are
|
0022| necessary to establish and maintain a traffic safety program.
|
0023| D. No less than twenty percent of the money
|
0024| deposited in the traffic safety education and enforcement
|
0025| fund shall be allocated to institute and promote traffic safety
|
0001| education programs.
|
0002| E. The balance of the money deposited in the
|
0003| traffic safety education and enforcement fund shall be alloc-
|
0004|
|
0005| ated to existing traffic safety programs.
|
0006| F. The traffic safety bureau of the state highway
|
0007| and transportation department shall adopt all rules,
|
0008| regulations and policies necessary to administer a statewide
|
0009| traffic program.
|
0010| G. All money credited to the traffic safety
|
0011| education and enforcement fund shall be appropriated to the
|
0012| traffic safety bureau of the state highway and transportation
|
0013| department for the purpose of carrying out the provisions of
|
0014| this section and shall not revert to the general fund."
|
0015| Section 4. Section 66-8-116.3 NMSA 1978 (being Laws 1989,
|
0016| Chapter 320, Section 5, as amended) is amended to read:
|
0017| "66-8-116.3. PENALTY ASSESSMENT MISDEMEANORS--ADDITIONAL
|
0018| FEES.--In addition to the penalty assessment established for
|
0019| each penalty assessment misdemeanor, there shall be assessed:
|
0020| A. ten dollars ($10.00) to help defray the costs of
|
0021| local government corrections;
|
0022| B. a court automation fee of ten dollars ($10.00);
|
0023| C. a traffic safety fee of [three dollars
|
($3.00)] five dollars ($5.00), which shall be credited to
|
0025| the traffic safety education and enforcement fund; and
|
0001| D. a judicial education fee of one dollar ($1.00),
|
0002| which shall be credited to the judicial education fund."
|
0003| Section 5. EFFECTIVE DATE.--The effective date of the
|
0004| provisions of this act is July 1, 1997.
|
0005| State of New Mexico
|
0006| House of Representatives
|
0007|
|
0008| FORTY-THIRD LEGISLATURE
|
0009| FIRST SESSION, 1997
|
0010|
|
0011|
|
0012| January 29, 1997
|
0013|
|
0014|
|
0015| Mr. Speaker:
|
0016|
|
0017| Your JUDICIARY COMMITTEE, to whom has been referred
|
0018|
|
0019| HOUSE BILL 88
|
0020|
|
0021| has had it under consideration and reports same with
|
0022| recommendation that it DO PASS, and thence referred to the
|
0023| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0024|
|
0025| Respectfully submitted,
|
0001|
|
0002|
|
0003|
|
0004|
|
0005|
|
0006| Thomas P. Foy, Chairman
|
0007|
|
0008|
|
0009| Adopted Not Adopted
|
0010|
|
0011| (Chief Clerk) (Chief Clerk)
|
0012|
|
0013| Date
|
0014|
|
0015| The roll call vote was 10 For 0 Against
|
0016| Yes: 10
|
0017| Excused: King, Luna, Sanchez
|
0018| Absent: None
|
0019|
|
0020|
|
0021| G:\BILLTEXT\BILLW_97\H0088
|