0001|                            HOUSE BILL 275
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             MIMI STEWART
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO MOTOR VEHICLES; AUTHORIZING COURTS TO REQUIRE AS A
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0012|     CONDITION OF RELEASE ON BOND THAT A DWI DEFENDANT HAVE AN
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0013|     IGNITION INTERLOCK DEVICE INSTALLED ON HIS MOTOR VEHICLE;
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0014|     PROVIDING THAT CERTAIN DWI OFFENDERS BE REQUIRED TO INSTALL
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0015|     IGNITION INTERLOCK DEVICES ON THEIR MOTOR VEHICLES; ENACTING
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0016|     NEW SECTIONS OF THE NMSA 1978. 
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0017|     
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0018|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019|          Section 1.  A new section of Chapter 66, Article 8 NMSA
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0020|     1978 is enacted to read:
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0021|          "[<u>NEW MATERIAL</u>]  CONDITION OF RELEASE--USE OF MOTOR
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0022|     VEHICLE IGNITION INTERLOCK DEVICE.--
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0023|               A.  When a person is arrested and charged with a
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0024|     violation of Section 66-8-102 NMSA 1978, the court may require
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0025|     as a condition of release on bond that the person:
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0001|                    (1)  have installed on the motor vehicle owned
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0002|     by the person or on the motor vehicle most regularly driven by
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0003|     the person, a motor vehicle ignition interlock device that uses
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0004|     a deep-lung breath analysis mechanism to make impractical the
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0005|     operation of the motor vehicle if ethyl alcohol is detected in
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0006|     the operator's breath; and
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0007|                    (2)  not operate any motor vehicle unless the
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0008|     motor vehicle is equipped with a motor vehicle ignition
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0009|     interlock device.
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0010|               B.  If the person is required to have the motor
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0011|     vehicle ignition interlock device installed, the court shall
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0012|     require the person to have the device installed on the
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0013|     appropriate motor vehicle, at the person's expense, before the
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0014|     thirtieth day after the date the person is released on bond. 
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0015|     The court shall require the person to provide evidence to the
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0016|     court within the thirty-day period that the motor vehicle
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0017|     ignition interlock device has been installed on the vehicle.
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0018|               C.  The court may designate an appropriate agency to
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0019|     verify the installation of the motor vehicle ignition interlock
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0020|     device and to monitor the device."
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0021|          Section 2.  A new section of Chapter 66, Article 8 NMSA
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0022|     1978 is enacted to read:
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0023|          "[<u>NEW MATERIAL</u>]  PERSONS CONVICTED FOR AGGRAVATED
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0024|     DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR
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0025|     DRUGS--PERSONS CONVICTED A SECOND OR SUBSEQUENT TIME FOR
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0001|     DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR
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0002|     DRUGS--USE OF MOTOR VEHICLE IGNITION INTERLOCK DEVICE.--
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0003|               A.  In addition to any other penalties imposed
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0004|     pursuant to the provisions of Section 66-8-102 NMSA 1978, when
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0005|     a person is convicted for aggravated driving while under the
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0006|     influence of intoxicating liquor or drugs or convicted a second
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0007|     or subsequent time for driving while under the influence of
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0008|     intoxicating liquor or drugs, the court shall order that the
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0009|     person have installed on the motor vehicle owned by the person
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0010|     or on the motor vehicle most regularly driven by the person, a
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0011|     motor vehicle ignition interlock device that uses a deep-lung
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0012|     breath analysis mechanism to make impractical the operation of
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0013|     the motor vehicle if ethyl alcohol is detected in the
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0014|     operator's breath.<u>
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<u></u>0015| <u>              </u>B.  The court shall require the person to have the
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0016|     device installed on the appropriate motor vehicle, at the
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0017|     person's expense, before the tenth day after the person is
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0018|     released from his term of imprisonment.  The court shall
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0019|     require the person to provide evidence to the court within the
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0020|     ten-day period that the motor vehicle ignition interlock device
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0021|     has been installed on the vehicle.
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0022|               C.  The person shall keep the motor vehicle ignition
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0023|     interlock device installed on his motor vehicle for a period of
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0024|     ninety days.  The court may designate an appropriate agency to
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0025|     verify the installation of the motor vehicle ignition interlock
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0001|     device and to monitor the device.
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0002|               D.  The provisions of this section shall not be
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0003|     interpreted to allow a person whose driver's license has been
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0004|     suspended or revoked to lawfully operate a motor vehicle."
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0005|          Section 3.  EFFECTIVE DATE.--The effective date of the
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0006|     provisions of this act is July 1, 1997.
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0007|                              
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