44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO MOTOR VEHICLES; PROHIBITING DISTRICT ATTORNEYS FROM ENTERING INTO AGREEMENTS THAT LIMIT THE AUTHORITY OF THE TAXATION AND REVENUE DEPARTMENT TO REVOKE A PERSON'S DRIVER'S LICENSE WHEN THE PERSON HAS A PRIOR CONVICTION FOR DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; CLARIFYING DEFINED TERMS IN THE MOTOR VEHICLE CODE; CLARIFYING THE DISTINCTION BETWEEN SUSPENDING OR REVOKING A PERSON'S DRIVER'S LICENSE; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 36-1-22 NMSA 1978 (being Laws 1875-1876, Chapter 5, Section 1, as amended) is amended to read:

"36-1-22. POWERS--COMPROMISES--RELEASES.--[SEC. 7.]

A. The attorney general and district attorneys [of this State in their respective districts], when any civil proceedings [may be] are pending in district court in their respective districts [in the district court] in which the state or any county may be a party, whether [the same be] it is an ordinary suit, scire fascias proceedings, proceedings growing out of any criminal prosecution or otherwise, [shall] have power to compromise or settle [said] the suit or proceedings, or grant a release or enter satisfaction in whole or in part, of any claim or judgment in the name of the state or county, or dismiss the same, or take any other steps or proceedings [therein] which [to him may] appear to him proper and right [and]. All such civil suits and proceedings shall be entirely under the management and control of the [said] attorney general or district attorneys, and all compromises, releases and satisfactions [heretofore] made or entered into by said officers prior to July 1, 1999 are [hereby] confirmed and ratified.

B. Notwithstanding the provisions of Subsection A of this section, a district attorney shall not enter into an agreement in a civil or criminal case that limits the authority of the taxation and revenue department to revoke or suspend a person's driver's license when that person has a valid, prior conviction under state law, federal law, a county ordinance or a municipal ordinance for driving a motor vehicle while under the influence of intoxicating liquor or drugs."

Section 2. Section 66-1-4.3 NMSA 1978 (being Laws 1990, Chapter 120, Section 4, as amended) is amended to read:

"66-1-4.3. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "camping body" means a vehicle body primarily designed or converted for use as temporary living quarters for recreational, camping or travel activities;

B. "camping trailer" means a camping body that exceeds neither eight feet in width nor forty feet in length, mounted on a chassis, or frame with wheels, designed to be drawn by another vehicle and that has collapsible partial side walls that fold for towing and unfold at the campsite;

C. "cancellation" means that a driver's license is annulled and terminated because of some error or defect or because the licensee is no longer entitled to the license, but cancellation of a license is without prejudice, and application for a new license may be made at any time after cancellation;

D. "casual sale" means the sale of a motor vehicle by the registered owner of the vehicle if the owner has not sold more than four vehicles in that calendar year;

E. "chassis" means the complete motor vehicle, including standard factory equipment, exclusive of the body and cab;

F. "collector" means a person who is the owner of one or more vehicles of historic or special interest who collects, purchases, acquires, trades or disposes of these vehicles or parts thereof for the person's own use in order to preserve, restore and maintain a similar vehicle for hobby purposes;

G. "combination" means any connected assemblage of a motor vehicle and one or more semitrailers, trailers or semitrailers converted to trailers by means of a converter gear;

H. "combination gross vehicle weight" means the sum total of the gross vehicle weights of all units of a combination;

I. "commerce" means the transportation of persons, property or merchandise for hire, compensation, profit or in the furtherance of a commercial enterprise in this state or between New Mexico and a place outside New Mexico, including a place outside the United States;

J. "commercial motor vehicle" means a motor vehicle used in commerce:

(1) if the vehicle has a declared gross vehicle weight rating of twenty-six thousand one or more pounds;

(2) if the vehicle is designed to transport sixteen or more passengers, including the driver; or

(3) if the vehicle is transporting hazardous materials and is required to be placarded pursuant to applicable law;

K. "controlled-access highway" means every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway, street or roadway except at those points only and in the manner as may be determined by the public authority having jurisdiction over the highway, street or roadway;

L. "controlled substance" means any substance defined in Section 30-31-2 NMSA 1978 as a controlled substance;

M. "converter gear" means any assemblage of one or more axles with a fifth wheel mounted thereon, designed for use in a combination to support the front end of a semitrailer but not permanently attached thereto. A converter gear shall not be considered a vehicle, as that term is defined in Section 66-1-4.19 NMSA 1978, but weight attributable thereto shall be included in declared gross weight;

N. "conviction" means [the alleged violator has entered a plea of guilty or nolo contendere or has been found guilty in the trial court and has waived or exhausted all rights to an appeal] an adjudication of guilt and does not include imposition of a sentence;

O. "crosswalk" means:

(1) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and

(2) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface; and

P. "curb cut" means a short ramp through a curb or built up to the curb."

Section 3. Section 66-1-4.6 NMSA 1978 (being Laws 1990, Chapter 120, Section 7, as amended) is amended to read:

"66-1-4.6. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "farm tractor" means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry;

B. "farm vehicle" means a vehicle used primarily for the transportation of:

(1) farm and ranch products to market; or

(2) farm and ranch supplies or livestock from the place of purchase to a farm or ranch in this state;

[B.] C. "financial responsibility" means the ability to respond in damages for liability resulting from traffic accidents arising out of the ownership, maintenance or use of a motor vehicle of a type subject to registration under the laws of New Mexico, in amounts not less than specified in the Mandatory Financial Responsibility Act or having in effect a motor vehicle insurance policy. "Financial responsibility" includes a motor vehicle insurance policy, a surety bond or evidence of a sufficient cash deposit with the state treasurer;

[C.] D. "first offender" means a person who [for the first time under] pursuant to state or federal law or county or municipal ordinance has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or [any other drug that renders the person incapable of safely driving a motor vehicle] drugs or aggravated driving while under the influence of intoxicating liquor or drugs, regardless of whether the person's sentence was suspended or deferred and who, within twenty years previous to the date of the offense for which the person has been adjudicated guilty, had not been convicted of either:

(1) driving a motor vehicle while under the influence of intoxicating liquor or drugs; or

(2) aggravated driving while under the influence of intoxicating liquor or drugs;

[D.] E. "flammable liquid" means any liquid that has a flash point of seventy degrees Fahrenheit or less, as determined by a tagliabue or equivalent closed-cup test device;

[E.] F. "foreign jurisdiction" means any jurisdiction other than a state of the United States or the District of Columbia;

[F.] G. "foreign vehicle" means every vehicle of a type required to be registered under the provisions of the Motor Vehicle Code brought into this state from another state, territory or country; and

[G.] H. "freight trailer" means any trailer, semitrailer or pole trailer drawn by a truck tractor or road tractor, and any trailer, semitrailer or pole trailer drawn by a truck that has a gross vehicle weight of more than twenty-six thousand pounds, but "freight trailer" does not include manufactured homes, trailers of less than one-ton carrying capacity used to transport animals or fertilizer trailers of less than three thousand five hundred pounds empty weight."

Section 4. Section 66-1-4.16 NMSA 1978 (being Laws 1990, Chapter 120, Section 17, as amended) is amended to read:

"66-1-4.16. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "safety glazing materials" means glazing materials so constructed, treated or combined with other materials as to reduce substantially, in comparison with ordinary sheet glass or plate glass, the likelihood of injury to persons by objects from exterior sources or by these safety glazing materials when they are cracked and broken;

B. "safety zone" means the area or space officially set apart within a highway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone;

C. "school bus" means any motor vehicle operating under the authority of the state board of education or private school or parochial school interests that is used to transport children, students or teachers to and from schools or to and from any school activity, but not including any vehicle:

(1) operated by a common carrier, subject to and meeting all requirements of the [state corporation commission] public regulation commission but not used exclusively for the transportation of pupils;

(2) operated solely by a government-owned transit authority, if the [transit authority] vehicle meets all safety requirements of the [state corporation commission] public regulation commission but is not used exclusively for the transportation of pupils; [or]

(3) operated as a per capita feeder as [defined] provided in Section 22-16-6 NMSA 1978; or

(4) that is a passenger car;

D. "seal" means the official seal of the taxation and revenue department as designated by the secretary;

E. "secretary" means the secretary of taxation and revenue, and, except for the purposes of Sections 66-2-3

[66-2-3.1] and 66-2-12 NMSA 1978, also includes the deputy secretary and any division director delegated by the secretary;

F. "semitrailer" means any vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some significant part of its weight and that of its load rests upon or is carried by another vehicle;

G. "sidewalk" means that portion of street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians;

H. "slow-moving vehicle" means any vehicle that is ordinarily moved, operated or driven at a speed less than twenty-five miles per hour;

I. "solid tire" means every tire of rubber or other resilient material that does not depend upon compressed air for the support of the load;

J. "special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including but not limited to farm tractors, road construction or maintenance machinery, earth moving equipment, ditch-digging apparatus, well-boring apparatus and [concrete mixers] wheeled equipment;

K. "specially-constructed vehicle" means every vehicle of a type required to be registered under the Motor Vehicle Code not originally constructed under a distinctive name, make, model or type by a generally recognized manufacturer of vehicles and not materially altered from its original construction;

L. "state" means any state, territory or possession of the United States, the District of Columbia, [or] any province of the Dominion of Canada or any state of the United States of Mexico;

M. "state highway" means any public highway that has been designated as a state highway by the legislature, the state highway commission or the secretary of highway and transportation;

N. "stop", when required, means complete cessation from movement;

O. "stop, stopping or standing", when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal;

P. "street" or "highway" means every way or place generally open to the use of the public as a matter of right for the purpose of vehicular travel, even though it may be temporarily closed or restricted for the purpose of construction, maintenance, repair or reconstruction;

Q. "subsequent offender" means a person who [was previously a first offender and who again, under] pursuant to state law, federal law or a county or municipal ordinance, has been adjudicated guilty of the charge of driving a motor vehicle while under the influence of intoxicating liquor or [any drug which rendered him incapable of safely driving a motor vehicle, regardless of whether the person's sentence was suspended or deferred] drugs or aggravated driving while under the influence of intoxicating liquor or drugs and who, within twenty years previous to the date of the offense for which the person has been adjudicated guilty, had previously been convicted, regardless of whether the sentence was suspended or deferred, of either:

(1) driving a motor vehicle while under the influence of intoxicating liquor or drugs; or

(2) aggravated driving while under the influence of intoxicating liquor or drugs; and

R. "suspension" means that a person's driver's license and privilege to drive a motor vehicle on the public highways are temporarily withdrawn."

Section 5. Section 66-1-4.17 NMSA 1978 (being Laws 1990, Chapter 120, Section 18, as amended) is amended to read:

"66-1-4.17. DEFINITIONS.--As used in the Motor Vehicle Code:

A. "tank vehicle" means a motor vehicle that is designed to transport any liquid or gaseous material within a tank that is either permanently or temporarily attached to the vehicle or the chassis and that has either a gross vehicle weight rating of twenty-six thousand one or more pounds or is used in the transportation of hazardous materials requiring placarding of the vehicle under applicable law;

B. "taxicab" means a motor vehicle used for hire in the transportation of persons, having a normal seating capacity of not more than seven persons;

C. "through highway" means every highway or portion thereof at the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing it when stop signs are erected as provided in the Motor Vehicle Code;

D. "trailer" means any vehicle without motive power, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that no significant part of its weight rests upon the towing vehicle;

E. "traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together using any highway for purposes of travel;

F. "traffic-control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed;

G. "traffic safety bureau" means the traffic safety bureau of the state highway and transportation department;

[G.] H. "transporter of manufactured homes" means a commercial motor vehicle operation engaged in the business of transporting manufactured homes from the manufacturer's location to the first dealer's location. A "transporter of manufactured homes" may or may not be associated with or affiliated with a particular manufacturer or dealer;

[H.] I. "travel trailer" means a trailer that exceeds neither a width of eight feet nor a length of forty feet, when equipped for the road, and includes recreational travel trailers and camping trailers;

[I.] J. "trial court" means the magistrate, metropolitan, municipal or district court that tries the case concerning an alleged violation of a provision of the Motor Vehicle Code;

[J.] K. "truck" means every motor vehicle designed, used or maintained primarily for the transportation of property;

[K.] L. "truck camper" means a camping body designed to be loaded onto, or affixed to, the bed or chassis of a truck. This camping body, when combined with a truck or truck cab and chassis, even though not attached permanently, becomes a part of the motor vehicle and together they are a recreational unit to be known as a "truck camper"; there are three general types of truck campers:

(1) "slide-in camper" means a camping body designed to be loaded onto and unloaded from the bed of a pickup truck;

(2) "chassis-mount camper" means a camping body designed to be affixed to a truck cab and chassis; and

(3) "pickup cover" or "camper shell" means a camping body designed to provide an all-weather protective enclosure over the bed of a pickup truck and to be affixed thereto; and

[L.] M. "truck tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn."

Section 6. A new section of the Motor Vehicle Code, Section 66-2-18 NMSA 1978, is enacted to read:

"66-2-18. [NEW MATERIAL] SUBJECT MATTER OF PARENTAL RESPONSIBILITY ACT HEARINGS.--Any hearing conducted pursuant to the provisions of Section 66-2-17 NMSA 1978 regarding the denial, refusal to renew, suspension or revocation of a driver's license and privilege to drive on the grounds specified in the Parental Responsibility Act shall be limited to the following issues:

A. whether the identity of the person whose driver's license is proposed to be suspended or revoked is the same as the person whose name appeared on the certified list of obligors provided the department pursuant to Section 40-5A-7 NMSA 1978; and

B. whether the licensee can provide the department with a certified statement from the human services department that the licensee is in compliance with a judgment and order for support and subpoenas and warrants relating to paternity or child support proceedings pursuant to the Parental Responsibility Act."

Section 7. Section 66-5-5 NMSA 1978 (being Laws 1978, Chapter 35, Section 227, as amended) is amended to read:

"66-5-5. PERSONS NOT TO BE LICENSED.--The [division] department shall not issue a driver's license under the Motor Vehicle Code to any person:

A. who is under the age of sixteen years, except the [division] department may, in its discretion, issue:

(1) a restricted instruction permit or a restricted driver's license to students fourteen years of age or over, enrolled in and attending a driver-education course that includes a DWI education and prevention component approved by the traffic safety bureau or offered by a public school;

(2) a driver's license to any person fifteen years of age or older who has satisfactorily completed a driver-education course that is approved by the traffic safety bureau or offered by a public school and that includes both a DWI education and prevention component and practice driving; and

(3) to any person thirteen years of age or older who passes an examination prescribed by the [division] department, a driver's license restricted to the operation of a motorcycle, provided:

(a) the motor is not in excess of one hundred cubic centimeters displacement;

(b) no holder of [an initial] a driver's license authorized pursuant to the provisions of this paragraph may carry any other passenger while driving a motorcycle; and

(c) the [director approves and certifies motorcycles as not in excess of one hundred cubic centimeters displacement and by regulation] department provides for a method of identification of [such] motorcycles that have motors not in excess of one hundred cubic centimeters by all law enforcement officers;

B. whose driver's license or driving privilege has been suspended [or denied] during the period of suspension [or denial, or to any person whose license has been revoked], except as provided in Section 66-5-32 NMSA 1978;

C. who is an habitual drunkard, an habitual user of narcotic drugs or an habitual user of any drug to a degree which renders him incapable of safely driving a motor vehicle;

[D. who, within any ten-year period, is three times convicted of driving a motor vehicle while under the influence of intoxicating liquor or narcotic drug regardless of whether the convictions are under the laws or ordinances of this state or any municipality or county of this state or under the laws or ordinances of any other state, the District of Columbia or any governmental subdivision thereof. Ten years after being so convicted for the third time, the person may apply to any district court of this state for restoration of the license, and the court, upon good cause being shown, may order restoration of the license applied for; provided that the person has not been subsequently convicted of driving a motor vehicle while under the influence of intoxicating liquor or drug in the ten-year period prior to his request for restoration of his license. Upon issuance of the order of restoration, a certified copy shall immediately be forwarded to the division, and if the person is otherwise qualified for the license applied for, the three previous convictions shall not prohibit issuance of the license applied for. Should the person be subsequently once convicted of driving a motor vehicle while under the influence of intoxicating liquor or drug, the division shall revoke his license for five years, after which time he may apply for restoration of his license as provided in this subsection]

D. whose driver's license or privilege to drive upon the public highways has been revoked prior to the expiration of the period during which the person is not entitled to make an application for a new driver's license or to make an application for reinstatement of his revoked license;

E. who has previously been afflicted with or who is suffering from any mental disability or disease which would render him unable to drive a motor vehicle with safety upon the highways and who has not, at the time of application, been restored to health;

F. who is required by the Motor Vehicle Code to take an examination, unless he has successfully passed the examination;

G. who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited the proof;

H. when the [director] department has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare; or

I. as a motorcycle driver who is less than eighteen years of age and who has not presented a certificate or other evidence of having successfully completed a motorcycle driver-education program licensed or offered in conformance with [regulations] rules of the traffic safety bureau."

Section 8. Section 66-5-28 NMSA 1978 (being Laws 1978, Chapter 35, Section 250, as amended) is amended to read:

"66-5-28. COURT TO FORWARD LICENSE TO [DIVISION--DEFINITIONS OF "CONVICTED" AND "CONVICTION"] DEPARTMENT.--[A.] Whenever any person is convicted of any offense for which the Motor Vehicle Code or the New Mexico Commercial Driver's License Act requires [mandatory] revocation of the driver's license of that person by the [division] department, the court in which the conviction is had shall [require] assist the department by requiring the surrender to it of the driver's license or commercial driver's license then held by the person so convicted, and the court shall forward the driver's license or commercial driver's license to the [division] department, together with the abstract of the conviction.

[B. For the purposes of Subsection A of this section and Sections 66-5-29, 66-8-102 and 66-8-117 NMSA 1978, the terms "conviction" and "convicted" mean that the alleged violator has entered a plea of guilty or nolo contendere or been found guilty in the trial court and has waived or exhausted all of his rights to an appeal. For the purposes of any other provisions of the Motor Vehicle Code, the terms "conviction" and "convicted" mean a final conviction in the trial court. For the purposes of the Motor Vehicle Code, a forfeiture of bail or collateral deposited to secure a defendant's appearance in court or promise to mail payment on a penalty assessment when unvacated is equivalent to a conviction.]"

Section 9. Section 66-5-29 NMSA 1978 (being Laws 1978, Chapter 35, Section 251, as amended by Laws 1993, Chapter 66, Section 4 and also by Laws 1993, Chapter 78, Section 4) is amended to read:

"66-5-29. [MANDATORY] REVOCATION OF LICENSE BY [DIVISION] DEPARTMENT.--

A. The [division] department shall immediately revoke the license of any driver upon receiving a record of the driver's adjudication as a delinquent for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the department is notified that the conviction or adjudication has become final:

(1) manslaughter or negligent homicide resulting from the operation of a motor vehicle;

(2) shooting at or from a motor vehicle, as provided in Section 30-3-8 NMSA 1978, or conspiring to or attempting to commit shooting at or from a motor vehicle;

[(2)] (3) any offense rendering a person a "first offender" as defined in the Motor Vehicle Code, if that person does not attend [a driver rehabilitation program] DWI school pursuant to [Subsection H] the provisions of Section 66-8-102 NMSA 1978;

[(3)] (4) any offense rendering a person a "subsequent offender" as defined in the Motor Vehicle Code;

[(4)] (5) any felony in the commission of which a motor vehicle is used;

[(5)] (6) failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

[(6)] (7) perjury or the making of a false affidavit or statement under oath to the [division] department under the Motor Vehicle Code or under any other law relating to the ownership or operation of motor vehicles; or

[(7)] (8) conviction or forfeiture of bail not vacated upon three charges of reckless driving committed within a period of twelve months.

B. Any person whose driver's license has been revoked under this section, except as provided in Subsection C, D or E of this section, shall not be entitled to apply for or receive any new driver's license until the expiration of one year from the date of [the last application on which the revoked license was surrendered to and received by the division, if no appeal is filed, or one year from the date that the revocation is final and he has exhausted his rights to an appeal] revocation.

C. Except as provided in Subsection E of this section, any person who upon adjudication as a delinquent or upon conviction is subject to license revocation under this section for an offense pursuant to which he was also subject to license revocation pursuant to Section 66-8-111 NMSA 1978 shall have his driver's license and privilege to drive upon the public highways revoked for that offense for a combined period of time equal to one year.

D. Upon receipt of an order from a court pursuant to [Subsection J of Section 32-1-34 NMSA 1978 or Subsection G of Section 32-1-36 NMSA 1978] Section 32A-2-19 or 32A-2-22 NMSA 1978, the [division] department shall revoke the driver's license or driving privileges for a period of time in accordance with these provisions.

[E. Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or of a conviction for a conspiracy or an attempt to commit that offense, the division shall revoke the driver's licenses or driving privileges of the convicted person. Any person whose license or privilege has been revoked pursuant to the provisions of this subsection shall not be entitled to apply for or receive any new license or privilege until the expiration of one year from the date of the last application on which the revoked license was surrendered to and received by the division, if no appeal is filed, or one year from the date that the revocation is final and he has exhausted his rights to an appeal.]

E. If a person is adjudicated as a delinquent for or convicted of driving a motor vehicle while under the influence of intoxicating liquor or drugs or aggravated driving under the influence of intoxicating liquor or drugs pursuant to federal law, state law or a municipal or county ordinance for a third time within a ten-year period, the department shall revoke that person's driver's license and driving privileges for ten years. If the person is subsequently adjudicated as a delinquent for or convicted of driving while under the influence of intoxicating liquor or drugs or aggravated driving under the influence of intoxicating liquor or drugs, the department shall revoke his driver's license and driving privileges for an additional five years for each conviction."

Section 10. Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:

"66-5-30. AUTHORITY OF [DIVISION] DEPARTMENT TO SUSPEND [OR REVOKE] LICENSE.--

A. The [division] department is authorized to suspend [the license of a driver] a person's driver's license without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:

(1) [has been convicted of an offense for which mandatory revocation of license is required upon conviction] has failed to submit to an examination requested by the department pursuant to the provisions of Section 66-5-31 NMSA 1978;

(2) has been convicted as a driver in any accident resulting in the death or personal injury of another or serious property damage;

(3) has been convicted with such frequency of offenses against traffic laws or regulations governing motor vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;

(4) is an habitually reckless or negligent driver of a motor vehicle;

(5) is incompetent to drive a motor vehicle;

(6) has permitted an unlawful or fraudulent use of the driver's license;

(7) has been convicted of an offense in another state which if committed in this state would be grounds for suspension [or revocation];

(8) has violated provisions stipulated by a district court in limitation of [certain] the person's driving privileges or has violated restrictions placed on the person's driving privilege by the department;

(9) has failed to fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a court, whenever appearance is required by law or by the court as a consequence of any charge or conviction under the Motor Vehicle Code;

(10) has failed to pay a penalty assessment within thirty days of the date of issuance; [or]

(11) has accumulated seven points, but less than [eleven] twelve points, and when the [division] department has received a recommendation from a municipal, metropolitan or magistrate judge that the [licensee] person's driver's license be suspended for a period not to exceed three months; or

(12) failed to comply with the provisions of Section 66-5-236 NMSA 1978.

B. Upon suspending [the license of any person] a person's driver's license as authorized in this section, the [division] department shall immediately notify the licensee in writing. [and upon his request shall afford him an opportunity for a hearing as early as practicable within not to exceed twenty days, not counting Saturdays, Sundays and legal holidays, after receipt of the request in the county wherein the licensee resides unless the division and the licensee agree that the hearing may be held in some other county; provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail. The director may, in his discretion, extend the twenty-day period. Upon the hearing, the director or his duly authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon the hearing, the division shall either rescind its order of suspension or, good cause appearing therefor, may continue, modify or extend the suspension of the license or revoke the license.] The licensee may file a protest of the suspension of his driver's license pursuant to the provisions of Section 66-2-17 NMSA 1978."

Section 11. Section 66-5-32 NMSA 1978 (being Laws 1978, Chapter 35, Section 254, as amended) is amended to read:

"66-5-32. PERIOD OF SUSPENSION [OR REVOCATION].--

A. The [division] department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a period of more than one year except as permitted [under Subsection C of] pursuant to this section, [and Sections 66-5-5 and] Section 66-5-39 NMSA 1978 or the Parental Responsibility Act.

[B. Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked shall not be entitled to have the license or privilege renewed or restored unless the revocation was for a cause that has been removed, except that after the expiration of the period specified in Subsection B of Section 66-5-29 NMSA 1978 from the date on which the revoked license was surrendered to and received by the division, the person may make application for a new license as provided by law.

C.] B. The suspension period for failure to appear or failure to remit the penalty assessment shall, at the discretion of the [director] secretary, be extended indefinitely subject to the provisions of Subsection B of Section 66-5-30 NMSA 1978."

Section 12. Section 66-8-102 NMSA 1978 (being Laws 1953, Chapter 139, Section 54, as amended by Laws 1997, Chapter 43, Section 1 and also by Laws 1997, Chapter 205, Section 1) is amended to read:

"66-8-102. PERSONS UNDER INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--AGGRAVATED DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS--PENALTY.--

A. It is unlawful for any person who is under the influence of intoxicating liquor to drive any vehicle within this state.

B. It is unlawful for any person who is under the influence of any drug to a degree that renders him incapable of safely driving a vehicle to drive any vehicle within this state.

C. It is unlawful for any person who has an alcohol concentration of eight one-hundredths or more in his blood or breath to drive any vehicle within this state.

D. Aggravated driving while under the influence of intoxicating liquor or drugs consists of a person who:

(1) has an alcohol concentration of sixteen one-hundredths or more in his blood or breath while driving any vehicle within this state;

(2) has caused bodily injury to a human being as a result of the unlawful operation of a motor vehicle while driving under the influence of intoxicating liquor or drugs; or

(3) refused to submit to chemical testing, as provided for in the Implied Consent Act, and in the judgment of the court, based upon evidence of intoxication presented to the court, was under the influence of intoxicating liquor or drugs.

E. Every person under first conviction under this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than ninety days or by a fine of not more than five hundred dollars ($500), or both; provided that if the sentence is suspended in whole or in part or deferred, the period of probation may extend beyond ninety days but shall not exceed one year. Upon a first conviction under this section, an offender may be sentenced to not less than forty-eight hours of community service or a fine of three hundred dollars ($300). The offender shall be ordered by the court to participate in and complete a screening program described in Subsection H of this section and to attend a driver rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the traffic safety bureau of the state highway and transportation department and also may be required to participate in other rehabilitative services as the court shall determine to be necessary. In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail. If an offender fails to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court, the offender shall be sentenced to not less than an additional forty-eight consecutive hours in jail. Any jail sentence imposed under this subsection for failure to complete, within a time specified by the court, any community service, screening program, treatment program or DWI school ordered by the court or for aggravated driving while under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement. On a first conviction under this section, any time spent in jail for the offense prior to the conviction for that offense shall be credited to any term of imprisonment fixed by the court. A deferred sentence under this subsection shall be considered a first conviction for the purpose of determining subsequent convictions.

F. A second or third conviction under this section shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than three hundred sixty-four days or by a fine of not more than one thousand dollars ($1,000), or both; provided that if the sentence is suspended in whole or in part, the period of probation may extend beyond one year but shall not exceed five years. Notwithstanding any provision of law to the contrary for suspension or deferment of execution of a sentence:

(1) upon a second conviction, each offender shall be sentenced to a jail term of not less than seventy-two consecutive hours, forty-eight hours of community service and a fine of five hundred dollars ($500). In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than ninety-six consecutive hours. If an offender fails to complete, within a time specified by the court, any community service, screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional seven consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended or deferred or taken under advisement; and

(2) upon a third conviction, an offender shall be sentenced to a jail term of not less than thirty consecutive days and a fine of seven hundred fifty dollars ($750). In addition to those penalties, when an offender commits aggravated driving while under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days. If an offender fails to complete, within a time specified by the court, any screening program or treatment program ordered by the court, the offender shall be sentenced to not less than an additional sixty consecutive days in jail. A penalty imposed pursuant to this paragraph shall not be suspended or deferred or taken under advisement.

G. Upon a fourth or subsequent conviction under this section, an offender is guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978, and shall be sentenced to a jail term of not less than six months, which shall not be suspended or deferred or taken under advisement.

H. Upon any conviction under this section, an offender shall be required to participate in and complete, within a time specified by the court, an alcohol or drug abuse screening program and, if necessary, a treatment program approved by the court. The penalty imposed pursuant to this subsection shall not be suspended, deferred or taken under advisement.

I. In the case of a first, second or third offense under this section, the magistrate court has concurrent jurisdiction with district courts to try the offender.

J. A conviction under a municipal or county ordinance in New Mexico or a law of any other jurisdiction, territory or possession of the United States that is equivalent to New Mexico law for driving while under the influence of intoxicating liquor or drugs, [prescribing] and prescribes penalties for driving while under the influence of intoxicating liquor or drugs shall be deemed to be a conviction under this section for purposes of determining whether a conviction is a second or subsequent conviction.

K. In addition to any other fine or fee which may be imposed pursuant to the conviction or other disposition of the offense under this section, the court may order the offender to pay the costs of any court-ordered screening and treatment programs.

L. As used in this section, [(1)] "bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body [and

(2) "conviction" means an adjudication of guilt and does not include imposition of a sentence]."

Section 13. Section 66-8-135 NMSA 1978 (being Laws 1978, Chapter 35, Section 543, as amended) is amended to read:

"66-8-135. RECORD OF TRAFFIC CASES.--

A. Every trial court judge shall keep a record of every traffic complaint, uniform traffic citation and other form of traffic charge filed in the judge's court or its traffic violations bureau and every official action and disposition of the charge by that court.

B. Within ten days of the later of entry of judgment and sentence or failure to appear on a charge of violating the Motor Vehicle Code or other law or ordinance relating to motor vehicles or the final decision of any higher court that reviews the matter and from which no appeal or review is successfully taken, every trial court judge, including children's court judges, or the clerk of the court in which the entry of judgment and sentence or failure to appear occurred shall prepare and forward to the department an abstract of the record containing:

(1) the name and address of the defendant;

(2) the specific section number and common name of the provision of the NMSA 1978 or local law, ordinance or regulation under which the defendant was tried;

(3) the plea, finding of the court and disposition of the charge, including fine or jail sentence or both, forfeiture of bail or dismissal of the charge;

(4) an itemization of costs assessed to the defendant;

(5) the date of the hearing;

(6) the court's name and address; and

[(7) whether the defendant was a first or subsequent offender; and

(8)] (7) whether the defendant was represented by counsel or waived his right to counsel and, if represented, the name and address of counsel.

C. The abstract of record prepared and forwarded under Subsection B of this section shall be certified as correct by the person required to prepare it. With the prior approval of the department, the information required by Subsection B of this section may be transmitted electronically to the department. Report need not be made of any disposition of a charge of illegal parking or standing of a vehicle except when the uniform traffic citation is used.

D. When the uniform traffic citation is used, the court shall provide the information required by Subsection B of this section in the manner prescribed by the department.

E. Every court of record shall also forward a like report to the department upon conviction of any person of any felony if a motor vehicle was used in the commission. With the prior approval of the department, the information required by this subsection may be submitted electronically to the department. The report shall be forwarded to the department within ten days of the final decision of the court or of any higher court that reviews the matter and from which the decision of no appeal or review is successfully taken.

F. The failure or refusal of any judicial officer to comply with this section is misconduct in office and grounds for removal.

G. The department shall keep records received on motorists licensed in this state at its main office. Records showing a record of conviction by a court of law shall be open to public inspection during business hours for three years from the date of their receipt, after which they shall be destroyed by the department except for records of convictions [under] pursuant to Sections 66-8-101 through [66-8-112] 66-8-104 NMSA 1978 and records of violations of the Implied Consent Act, which may not be destroyed until twenty-five years from the date of their receipt. Any record received on a motorist licensed in another state or country shall be forwarded to the licensing authority of that state or country."

Section 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.