0001| HOUSE BILL 536
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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| GARY K. KING
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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 CRIMINAL LAW; CLARIFYING THAT A FELONY DWI
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0012| CONVICTION MAY BE USED AS A PRIOR FELONY CONVICTION FOR THE
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0013| PURPOSE OF SENTENCING A HABITUAL OFFENDER; AMENDING SECTIONS OF
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0014| THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 31-18-17 NMSA 1978 (being Laws 1977,
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0018| Chapter 216, Section 6, as amended by Laws 1993, Chapter 77,
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0019| Section 9 and also by Laws 1993, Chapter 283, Section 1) is
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0020| amended to read:
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0021| "31-18-17. HABITUAL OFFENDERS--ALTERATION OF BASIC
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0022| SENTENCE.--
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0023| A. For the purposes of this section, "prior felony
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0024| conviction" means:
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0025| (1) a conviction for a prior felony committed
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0001| within New Mexico whether within the Criminal Code or not,
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0002| including a felony pursuant to the provisions of Section
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0003| 66-8-102 NMSA 1978; or
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0004| (2) any prior felony for which the person was
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0005| convicted other than an offense triable by court martial if:
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0006| (a) the conviction was rendered by a
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0007| court of another state, the United States, a territory of the
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0008| United States or the commonwealth of Puerto Rico;
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0009| (b) the offense was punishable, at the
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0010| time of conviction, by death or a maximum term of imprisonment
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0011| of more than one year; or
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0012| (c) the offense would have been
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0013| classified as a felony in this state at the time of conviction.
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0014| B. Any person convicted of a noncapital felony in
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0015| this state whether within the Criminal Code or the Controlled
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0016| Substances Act or not who has incurred one prior felony
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0017| conviction [which] that was part of a separate transaction
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0018| or occurrence or conditional discharge under Section [31-20-
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7] 31-20-13 NMSA 1978 is a habitual offender and his basic
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0020| sentence shall be increased by one year, and the sentence
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0021| imposed by this subsection shall not be suspended or deferred.
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0022| C. Any person convicted of a noncapital felony in
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0023| this state whether within the Criminal Code or the Controlled
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0024| Substances Act or not who has incurred two prior felony
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0025| convictions [which] that were parts of separate
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0001| transactions or occurrences or conditional discharge under
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0002| Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender
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0003| and his basic sentence shall be increased by four years, and
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0004| the sentence imposed by this subsection shall not be suspended
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0005| or deferred.
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0006| D. Any person convicted of a noncapital felony in
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0007| this state whether within the Criminal Code or the Controlled
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0008| Substances Act or not who has incurred three or more prior
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0009| felony convictions [which] that were parts of separate
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0010| transactions or occurrences or conditional discharge under
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0011| Section [31-20-7] 31-20-13 NMSA 1978 is a habitual offender
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0012| and his basic sentence shall be increased by eight years, and
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0013| the sentence imposed by this subsection shall not be suspended
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0014| or deferred."
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0015| Section 2. Section 66-8-102 NMSA 1978 (being Laws 1953,
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0016| Chapter 139, Section 54, as amended) is amended to read:
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0017| "66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR
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0018| OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF
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0019| INTOXICATING LIQUOR OR DRUGS--PENALTY.--
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0020| A. It is unlawful for any person who is under the
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0021| influence of intoxicating liquor to drive any vehicle within
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0022| this state.
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0023| B. It is unlawful for any person who is under the
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0024| influence of any drug to a degree that renders him incapable of
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0025| safely driving a vehicle to drive any vehicle within this
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0001| state.
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0002| C. It is unlawful for any person who has an alcohol
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0003| concentration of eight one-hundredths or more in his blood or
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0004| breath to drive any vehicle within this state.
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0005| D. Aggravated driving while under the influence of
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0006| intoxicating liquor or drugs consists of a person who:
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0007| (1) has an alcohol concentration of sixteen
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0008| one-hundredths or more in his blood or breath while driving any
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0009| vehicle within this state;
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0010| (2) has caused bodily injury to a human being
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0011| as a result of the unlawful operation of a motor vehicle while
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0012| driving under the influence of intoxicating liquor or drugs; or
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0013| (3) refused to submit to chemical testing, as
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0014| provided for in the Implied Consent Act, and in the judgment of
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0015| the court, based upon evidence of intoxication presented to the
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0016| court, [the person] was under the influence of intoxicating
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0017| liquor or drugs.
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0018| E. Every person under first conviction under this
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0019| section shall be punished, notwithstanding the provisions of
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0020| Section 31-18-13 NMSA 1978, by imprisonment for not more than
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0021| ninety days or by a fine of not more than five hundred dollars
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0022| ($500), or both; provided that if the sentence is suspended in
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0023| whole or in part or deferred, the period of probation may
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0024| extend beyond ninety days but shall not exceed one year. Upon
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0025| a first conviction under this section, an offender may be
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0001| sentenced to not less than forty-eight hours of community
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0002| service or a fine of three hundred dollars ($300). The
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0003| offender shall be ordered by the court to attend a driver
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0004| rehabilitation program for alcohol or drugs, also known as a
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0005| "DWI school", approved by the traffic safety bureau of the
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0006| state highway and transportation department and also may be
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0007| required to participate in other rehabilitative services as the
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0008| court shall determine to be necessary. In addition to those
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0009| penalties, when an offender commits aggravated driving while
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0010| under the influence of intoxicating liquor or drugs, the
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0011| offender shall be sentenced to not less than forty-eight
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0012| consecutive hours in jail. If an offender fails to complete,
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0013| within a time specified by the court, any community service,
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0014| screening program, treatment program or DWI school ordered by
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0015| the court, the offender shall be sentenced to not less than an
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0016| additional forty-eight consecutive hours in jail. Any jail
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0017| sentence imposed under this subsection for failure to complete,
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0018| within a time specified by the court, any community service,
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0019| screening program, treatment program or DWI school ordered by
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0020| the court or for aggravated driving while under the influence
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0021| of intoxicating liquor or drugs shall not be suspended,
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0022| deferred or taken under advisement. On a first conviction
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0023| under this section, any time spent in jail for the offense
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0024| prior to the conviction for that offense shall be credited to
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0025| any term of imprisonment fixed by the court. A deferred
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0001| sentence under this subsection shall be considered a first
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0002| conviction for the purpose of determining subsequent
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0003| convictions.
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0004| F. A second or third conviction under this section
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0005| shall be punished, notwithstanding the provisions of Section
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0006| 31-18-13 NMSA 1978, by imprisonment for not more than three
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0007| hundred sixty-four days or by a fine of not more than one
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0008| thousand dollars ($1,000), or both; provided that if the
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0009| sentence is suspended in whole or in part, the period of
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0010| probation may extend beyond one year but shall not exceed five
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0011| years. Notwithstanding any provision of law to the contrary
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0012| for suspension or deferment of execution of a sentence:
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0013| (1) upon a second conviction, each offender
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0014| shall be sentenced to a jail term of not less than seventy-two
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0015| consecutive hours, forty-eight hours of community service and a
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0016| fine of five hundred dollars ($500). In addition to those
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0017| penalties, when an offender commits aggravated driving while
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0018| under the influence of intoxicating liquor or drugs, the
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0019| offender shall be sentenced to a jail term of not less than
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0020| ninety-six consecutive hours. If an offender fails to
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0021| complete, within a time specified by the court, any community
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0022| service, screening program or treatment program ordered by the
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0023| court, the offender shall be sentenced to not less than an
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0024| additional seven consecutive days in jail. A penalty imposed
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0025| pursuant to this paragraph shall not be suspended or deferred
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0001| or taken under advisement; and
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0002| (2) upon a third conviction, an offender shall
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0003| be sentenced to a jail term of not less than thirty consecutive
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0004| days and a fine of seven hundred fifty dollars ($750). In
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0005| addition to those penalties, when an offender commits
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0006| aggravated driving while under the influence of intoxicating
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0007| liquor or drugs, the offender shall be sentenced to a jail term
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0008| of not less than sixty consecutive days. If an offender fails
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0009| to complete, within a time specified by the court, any
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0010| screening program or treatment program ordered by the court,
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0011| the offender shall be sentenced to not less than an additional
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0012| sixty consecutive days in jail. A penalty imposed pursuant to
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0013| this paragraph shall not be suspended or deferred or taken
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0014| under advisement.
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0015| G. Upon a fourth or subsequent conviction under
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0016| this section, an offender is guilty of a fourth degree felony,
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0017| as provided in Section 31-18-15 NMSA 1978, and shall be
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0018| sentenced to a [jail] term of imprisonment of not less than
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0019| six months, which shall not be suspended or deferred or taken
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0020| under advisement.
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0021| H. Upon any conviction under this section, an
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0022| offender shall be required to participate in and complete,
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0023| within a time specified by the court, an alcohol or drug abuse
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0024| screening program and, if necessary, a treatment program
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0025| approved by the court.
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0001| I. In the case of a first, second or third offense
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0002| under this section, the magistrate court has concurrent
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0003| jurisdiction with district courts to try the offender.
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0004| J. A conviction under a municipal or county
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0005| ordinance prescribing penalties for driving while under the
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0006| influence of intoxicating liquor or drugs shall be deemed to be
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0007| a conviction under this section for purposes of determining
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0008| whether a conviction is a second or subsequent conviction.
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0009| K. In addition to any other fine or fee [which]
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0010| that may be imposed pursuant to the conviction or other
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0011| disposition of the offense under this section, the court may
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0012| order the offender to pay the costs of any court-ordered
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0013| screening and treatment programs.
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0014| L. As used in this section:
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0015| (1) "bodily injury" means an injury to a
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0016| person that is not likely to cause death or great bodily harm
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0017| to the person, but does cause painful temporary disfigurement
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0018| or temporary loss or impairment of the functions of any member
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0019| or organ of the person's body; and
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0020| (2) "conviction" means an adjudication of
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0021| guilt and does not include imposition of a sentence."
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0022| Section 3. EFFECTIVE DATE.--The effective date of the
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0023| provisions of this act is July 1, 1997.
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0024| State of New Mexico
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0025| House of Representatives
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0001|
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0002| FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION, 1997
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0004|
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0005|
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0006| February 15, 1997
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0007|
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0008|
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0009| Mr. Speaker:
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0010|
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0011| Your JUDICIARY COMMITTEE, to whom has been referred
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0012|
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0013| HOUSE BILL 536
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0014|
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0015| has had it under consideration and reports same with
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0016| recommendation that it DO PASS, and thence referred to the
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0017| APPROPRIATIONS AND FINANCE COMMITTEE.
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0018|
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0019| Respectfully submitted,
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0020|
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0021|
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0022|
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0023|
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0024|
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0025| Thomas P. Foy, Chairman
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0001|
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0002|
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0003| Adopted Not Adopted
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0004|
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007| Date
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0008|
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0009| The roll call vote was 8 For 1 Against
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0010| Yes: 8
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0011| No: Pederson
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0012| Excused: Carpenter, Luna, Rios, Sanchez
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0013| Absent: None
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0014|
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0015|
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0016| G:\BILLTEXT\BILLW_97\H0536 State of New Mexico
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0017| House of Representatives
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0018|
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0019| FORTY-THIRD LEGISLATURE
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0020| FIRST SESSION, 1997
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0021|
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0022|
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0023| March 1, 1997
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0024|
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0025|
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0001| Mr. Speaker:
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0002|
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0003| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0004| whom has been referred
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0005|
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0006| HOUSE BILL 536
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0007|
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0008| has had it under consideration and reports same with
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0009| recommendation that it DO PASS.
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0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015|
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0016|
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0017| Max Coll, Chairman
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0018|
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0019|
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0020| Adopted Not Adopted
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0021|
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0022| (Chief Clerk) (Chief Clerk)
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0023|
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0024| Date
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0025|
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0001| The roll call vote was 10 For 0 Against
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0002| Yes: 10
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0003| Excused: Buffett, Garcia, M.H., Knowles, Marquardt, Picraux,
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0004| Saavedra, Varela
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0005| Absent: None
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0006|
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0007|
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0008| G:\BILLTEXT\BILLW_97\H0536
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0009|
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0010| FORTY-THIRD LEGISLATURE
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0011| FIRST SESSION, 1997
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0012|
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0013|
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0014| March 21, 1997
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0015|
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0016| Mr. President:
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0017|
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0018| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0019| referred
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0020|
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0021| HOUSE BILL 536
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0022|
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0023| has had it under consideration and reports same with
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0024| recommendation that it DO PASS, and thence referred to the
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0025| JUDICIARY COMMITTEE.
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0001|
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0002| Respectfully submitted,
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0003|
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0004|
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0005|
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0006|
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0007| __________________________________
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0008| Shannon Robinson, Chairman
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0009|
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0010|
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0011|
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0012| Adopted_______________________ Not
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0013| Adopted_______________________
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0014| (Chief Clerk) (Chief Clerk)
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0015|
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0016|
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0017| Date ________________________
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0018|
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0019|
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0020| The roll call vote was 5 For 0 Against
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0021| Yes: 5
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0022| No: 0
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0023| Excused: Adair, Ingle, Rodarte, Smith
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0024| Absent: None
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0025|
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0001|
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0002|
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0003|
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0004| H0536PA1
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