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

RELATING TO MUNICIPALITIES; PROVIDING MUNICIPALITIES WITH AUTHORITY TO ADOPT CURFEW ORDINANCES; VESTING CERTAIN COURTS WITH EXCLUSIVE JURISDICTION OVER CURFEW VIOLATIONS; PRESCRIBING PENALTIES; AMENDING SECTIONS OF THE NMSA 1978.

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

Section 1. Section 3-17-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-16-1, as amended) is amended to read:

"3-17-1. ORDINANCES--PURPOSES.--The governing body of a municipality may adopt ordinances or resolutions not inconsistent with the laws of New Mexico for the purpose of:

A. effecting or discharging the powers and duties conferred by law upon the municipality;

B. providing for the safety, preserving the health, promoting the prosperity and improving the morals, order, comfort and convenience of the municipality and its inhabitants; and

C. enforcing obedience to the ordinances by prosecution in the municipal court, magistrate court and metropolitan [courts] court and upon conviction the imposition of:

(1) except for those violations of ordinances described in Paragraphs (2), [and] (3) and (4) of this subsection, a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both;

(2) for a violation of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than three hundred sixty-four days or both; [and]

(3) for violations of an industrial user wastewater pretreatment ordinance as required by the United States environmental protection agency, a fine of not more

than one thousand dollars ($1,000) a day for each violation; and

(4) for a violation of a curfew ordinance, a fine of not more than two hundred fifty dollars ($250) or community service, or both."

Section 2. Section 32A-2-29 NMSA 1978 (being Laws 1993, Chapter 77, Section 58) is amended to read:

"32A-2-29. MOTOR VEHICLE CODE VIOLATIONS--CURFEW VIOLATIONS.--

A. The municipal, magistrate or metropolitan court shall have original exclusive jurisdiction over all Motor Vehicle Code [or] violations, municipal traffic code violations or municipal curfew violations when the person alleged to have committed the violation is a child, with the exception of those violations contained in Paragraph (1) of Subsection A of Section [32-2-3] 32A-2-3 NMSA 1978 and all traffic offenses alleged to have been committed by the child arising out of the same occurrence pursuant to Subsection B of this section.

B. If the children's court acquires jurisdiction over a child pursuant to any of those Motor Vehicle Code violations contained in Paragraph (1) of Subsection A of Section [32-2-3] 32A-2-3 NMSA 1978, it shall have jurisdiction over all traffic offenses alleged to have been committed by the child arising out of the same occurrence.

C. All traffic offenses [which] that the child is found to have committed by the municipal, magistrate or metropolitan court or for which the child is adjudicated delinquent by the children's court shall be subject to the reporting requirements and the suspension and revocation provisions of the Motor Vehicle Code and shall not be subject to the confidentiality provisions of the Delinquency Act.

D. [No] A tribunal may not incarcerate [any] a child who has been found guilty of any Motor Vehicle Code [or] violations, municipal traffic code violations or municipal curfew violations without first securing the approval of the children's court."

Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.