0001| HOUSE BILL 1046
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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| BOBBIE K. MALLORY
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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 PUBLIC SAFETY; PROVIDING FOR THE FORFEITURE OF
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0012| MOTOR VEHICLES OPERATED BY PERSONS CONVICTED A THIRD OR
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0013| SUBSEQUENT TIME FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING
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0014| LIQUOR OR DRUGS; ENACTING NEW SECTIONS OF THE MOTOR VEHICLE
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0015| CODE.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. A new section of the Motor Vehicle Code is
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0019| enacted to read:
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0020| "[NEW MATERIAL] VEHICLE NUISANCE--FORFEITURE.--A motor
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0021| vehicle is hereby declared to be a nuisance and subject to
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0022| forfeiture pursuant to the provisions of the Motor Vehicle Code
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0023| if it is:
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0024| A. operated by a person who, as a result of
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0025| operating the vehicle, is convicted a third or subsequent time
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0001| for driving under the influence of intoxicating liquor or
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0002| drugs; or
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0003| B. operated by a person whose license is suspended
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0004| or revoked as a result of being convicted for driving under the
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0005| influence of intoxicating liquor or drugs in violation of
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0006| Section 66-8-102 NMSA 1978 or pursuant to Section 66-8-111 NMSA
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0007| 1978."
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0008| Section 2. A new section of the Motor Vehicle Code is
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0009| enacted to read:
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0010| "[NEW MATERIAL] FORFEITURE PROCEDURE.--
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0011| A. Motor vehicles subject to forfeiture under the
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0012| Motor Vehicle Code may be seized by any police officer of the
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0013| city upon an order issued by the district court.
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0014| B. Seizure without such an order may be made if
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0015| seizure is incident to an arrest by the driver of the motor
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0016| vehicle for driving while his license is suspended or revoked
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0017| for driving while intoxicated.
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0018| C. A motor vehicle taken or detained under the
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0019| Motor Vehicle Code shall not be subject to replevin but is
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0020| deemed to be in the custody of the police department seizing
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0021| it, subject only to the orders and decrees of the district
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0022| court. The police officer may take custody of the motor
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0023| vehicle and remove it to an appropriate and official location
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0024| within the district court's jurisdiction for disposition in
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0025| accordance with this act.
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0001| D. In the event of seizure pursuant to Subsection B
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0002| of this section, proceedings under the Rules of Civil Procedure
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0003| for the District Courts shall be instituted promptly and not
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0004| later than thirty days after seizure. Any person who, pursuant
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0005| to the records of the motor vehicle division of the taxation
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0006| and revenue department, has an ownership or security interest
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0007| in the subject motor vehicle shall be served with notice of the
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0008| forfeiture proceedings.
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0009| E. When a motor vehicle is forfeited pursuant to
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0010| this act, the seizing law enforcement agency shall sell the
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0011| motor vehicle, and the proceeds shall revert to the general
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0012| fund of the state, county or municipality, as the case may be."
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0013| Section 3. A new section of the Motor Vehicle code is
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0014| enacted to read:
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0015| "[NEW MATERIAL] PROPERTY INTEREST NOT SUBJECT TO
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0016| FORFEITURE.--Notwithstanding the provisions of Section 2 of
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0017| this act, any forfeiture shall be subject to the interest of:
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0018| A. any owner or co-owner of record who did not have
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0019| knowledge and did not consent to the use of the vehicle by the
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0020| driver who caused the vehicle to become a nuisance; and
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0021| B. any secured party, to the extent of a perfected
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0022| security interest, if the secured party proves that the
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0023| security interest was acquired in good faith with no knowledge
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0024| or reason to believe that the vehicle would be used by the
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0025| driver who caused the vehicle to become a nuisance."
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0001| Section 4. SEVERABILITY.--If any part or application of
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0002| this act is held invalid, the remainder or its application to
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0003| other situations or persons shall not be affected.
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0004| State of New Mexico
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0005| House of Representatives
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0006|
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0007| FORTY-THIRD LEGISLATURE
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0008| FIRST SESSION, 1997
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0009|
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0010|
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0011| March 7, 1997
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0012|
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0013|
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0014| Mr. Speaker:
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0015|
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0016| Your JUDICIARY COMMITTEE, to whom has been referred
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0017|
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0018| HOUSE BILL 1046
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0019|
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0020| has had it under consideration and reports same with
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0021| recommendation that it DO PASS, and thence referred to the
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0022| APPROPRIATIONS AND FINANCE COMMITTEE.
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0023|
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0024| Respectfully submitted,
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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|
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0005| Thomas P. Foy, Chairman
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0006|
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0007|
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0008| Adopted Not Adopted
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0009|
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0010| (Chief Clerk) (Chief Clerk)
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0011|
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0012| Date
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0013|
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0014| The roll call vote was 6 For 3 Against
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0015| Yes: 6
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0016| No: M.P. Garcia, King, Pederson
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0017| Excused: Mallory, Rios, Sanchez, Stewart
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0018| Absent: None
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0019|
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0020|
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0021| G:\BILLTEXT\BILLW_97\H1046 State of New Mexico
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0022| House of Representatives
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0023|
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0024| FORTY-THIRD LEGISLATURE
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0025| FIRST SESSION, 1997
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0001|
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0002|
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0003| March 11, 1997
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0004|
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0005|
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0006| Mr. Speaker:
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0007|
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0008| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
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0009| whom has been referred
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0010|
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0011| HOUSE BILL 1046
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0012|
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0013| has had it under consideration and reports same with
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0014| recommendation that it DO PASS, amended as follows:
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0015|
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0016| 1. On page 2, lines 2 and 3, strike "whose license is
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0017| suspended or revoked as a result of being convicted" and insert
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0018| in lieu thereof "who, as a result of operating the vehicle, is
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0019| convicted of driving while his license is suspended or revoked as
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0020| a result of being convicted of a third or subsequent offense".
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0021|
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0022| 2. On page 2, lines 5 and 6, strike "or pursuant to Section
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0023| 66-8-111 NMSA 1978".
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0024|
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0025| 3. On page 2, lines 11 and 12, strike "of the city".
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0001|
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0002| 4. On page 3, line 12, strike "code" and insert in lieu
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0003| thereof "Code".
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0004|
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0005| 5. On page 3, line 17, strike "of record".
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0006|
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013|
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0014| Max Coll, Chairman
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0015|
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0016|
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0017| Adopted Not Adopted
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0018|
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0019| (Chief Clerk) (Chief Clerk)
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0020|
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0021| Date
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0022|
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0023| The roll call vote was 10 For 1 Against
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0024| Yes: 10
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0025| No: Watchman
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0001| Excused: Heaton, Marquardt, Pearce, Saavedra, Salazar, Varela
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0002| Absent: None
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0003|
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0004|
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0005| .118603.1
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0006| G:\BILLTEXT\BILLW_97\H1046
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