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

RELATING TO TRAFFIC CITATIONS; PROVIDING THAT COUNTIES MAY ESTABLISH COUNTY TRAFFIC ORDINANCES AND PENALTY ASSESSMENT PROGRAMS.

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

Section 1. Section 66-8-117 NMSA 1978 (being Laws 1978, Chapter 35, Section 525, as amended) is amended to read:

"66-8-117. PENALTY ASSESSMENT MISDEMEANORS--OPTION--EFFECT.--

A. Unless a warning notice is given, at the time of making an arrest for any penalty assessment misdemeanor the arresting officer shall offer the alleged violator the option of accepting a penalty assessment. The violator's signature on the penalty assessment notice constitutes an acknowledgment of guilt of the offense stated in the notice.

B. Except for penalty assessments made under a municipal or county program authorized by Section 66-8-130 NMSA 1978, payment of any penalty assessment must be made by mail to the division within thirty days from the date of arrest. Payments of penalty assessments are timely if postmarked within thirty days from the date of arrest. The division may issue a receipt when a penalty assessment is paid by currency, but checks tendered by the violator upon which payment is received are sufficient receipt.

C. No record of any penalty assessment payment is admissible as evidence in any court in any civil action."

Section 2. Section 66-8-130 NMSA 1978 (being Laws 1978, Chapter 35, Section 538, as amended) is amended to read:

"66-8-130. ALL TRAFFIC CITATIONS TO CONFORM--MUNICIPALITIES AND COUNTIES MAY PASS [ORDINANCE] ORDINANCES TO ESTABLISH SIMILAR [PROGRAM] PROGRAMS.--

A. The uniform traffic citation shall be used by all state and local agencies enforcing laws and ordinances relating to motor vehicles. [Any] A county or a municipality may, by passage of an ordinance, establish a [municipal] local government penalty assessment program similar to that established in Sections 66-8-116 through 66-8-117 NMSA 1978 for violations of provisions of the Motor Vehicle Code. Every [municipality] local government that has adopted an ordinance to establish a penalty assessment program shall assess on all penalty assessment misdemeanors [after January 1, 1984], in addition to the penalty assessment, a penalty assessment fee of ten dollars ($10.00) to be deposited in a special fund in the [municipal] local government treasury for use by the [municipality] local government only for [municipal] jailer training; for the construction planning, construction, operation and maintenance of the municipal or county jail; for paying the costs of housing that [municipality's] local government's prisoners in other detention facilities in the state; or for complying with match or contribution requirements for the receipt of federal funds relating to jails. [Such a municipal] The local government program shall be limited to violations of municipal or county traffic ordinances.

B. All penalty assessments under a [municipal] local government program authorized by this section shall be processed by the municipal court for violations of municipal traffic ordinances, and in the magistrate or metropolitan court for violations of county traffic ordinances, and all fines and fees collected shall be deposited in the treasury of the [municipality] local government. A copy of each penalty assessment processed shall be forwarded to the division within ten days of completion of local processing for posting to the driver's record. With the prior approval of the director, the required information may be submitted to the division by electronic means in lieu of forwarding copies of the penalty assessments.

C. Each agency shall provide itself with copies conforming exactly in size and format with the uniform traffic citation prescribed by the director, and any alterations to conform with local conditions must be approved by the director."