HB 470 — DWI ACT

and ca et sm km 2321 (3) a determination by the federal motor ed ar ne b22 24 carrier safety administration that a person is not qualified to uc [e s k 23 operate a motor vehicle;

.225060.2e -a 8n -b 24 [H.] G.

"division" means the motor vehicle division u [ of the department;

.225549.3 - 8 - HCPAC/HB 470 [I.] H.

and independent owner-operator contractors, while in the course of operating a commercial motor vehicle, e t 17 who is either directly employed by or under lease to an w l n d 18 employer;

=e =t 1917 a l [K.] J.

"employer" means a person, including the iw al en rd 2018 United States, a state and a political subdivision of a state a= t= m19 m 21 or their agencies or instrumentalities, that owns or leases a da rl i a e 22r 20 commercial motor vehicle or assigns employees to operate such a ca et sm km 2321 vehicle;

ed ar ne b22 24 [L.] K.

"fatality" means the death of a person as a uc [e s k 23 result of a motor vehicle accident;

.225060.2e -a 9n -b 24 [M.] L.

"gross combination weight rating" means the u [ value specified by the manufacturer as the loaded weight of a .225549.3 - 9 - HCPAC/HB 470 combination vehicle.

e t 17 [P.] O.

"noncommercial motor vehicle" means a motor w l n d 18 vehicle or combination of motor vehicles that is not a =e =t 1917 a l commercial motor vehicle;

iw al en rd 2018 [Q.] P.

"nonresident commercial driver's license" a= t= m19 m 21 means a commercial driver's license issued by another state to da rl i a e 22r 20 a person domiciled in that state or by a foreign country to a ca et sm km 2321 person domiciled in that country;

ed ar ne b22 24 [R.] Q.

"out-of-service order" means a declaration uc [e s k 23 by an authorized enforcement officer of a federal, state, .225060.2e -a 10n -b 24 Canadian, Mexican or local jurisdiction that a driver, a u [ commercial motor vehicle or a motor carrier operation is .225549.3 - 10 - HCPAC/HB 470 temporarily prohibited from operating;

e t 17 (3) homicide by vehicle, as defined in Section w[66-8-101] l66-14-14 n d 18 66-8-101 NMSA 1978;

=e =t 1917 a l (4) injury to pregnant women[women] person by vehiclew asl in ad e18 rvehicle 20as defined in Section 66-8-101.1[66-8-101.1] 66-14-13 NMSA 1978 or= a= municipal19 or a tmunicipal m m 21 ordinance or the law of another state;

da rl i a e 22r 20 (5) any other violation of law relating to ca et sm km 2321 motor vehicle traffic control, other than a parking violation, ed ar ne b22 24 that the secretary determines by regulation to be a serious uc [e s k 23 traffic violation.

"Serious traffic violation" does not .225060.2e -a 11n -b 24 include a vehicle weight or vehicle defect violation;

u [ (6) improper or erratic lane changes in .225549.3 - 11 - HCPAC/HB 470 violation of Section 66-7-317 NMSA 1978;

(10) directly or indirectly causing death or great bodily injury to a human being in the unlawful operation of a motor vehicle in violation of Section 66-8-101[66-8-101] 66-14-14 NMSA 1978;

(11) driving a commercial motor vehicle without possession of a commercial driver's license in e t 17 violation of Section 66-5-59 NMSA 1978;

we lt n17 d 18 (12) driving a commercial motor vehicle =w =l 19n ad l18 without the proper class of commercial driver's license and i= a= e19 r 20 endorsements pursuant to Section 66-5-65 NMSA 1978 and the a tl mi ma 21e r 20 Motor Carrier Safety Act for the specific vehicle group da rt em 22m 21 operated or for the passengers or type of cargo transported;

or cd r e s22 k 23 (13) driving a commercial motor vehicle c e as nk b23 24 without obtaining a commercial driver's license in violation of ue [a n b 24 Section 66-5-59 NMSA 1978;

and .225060.2u -[ 12 - [U.] T.

"state of domicile" means the state in .225549.3 - 12 - HCPAC/HB 470 which a person has a true, fixed and permanent home and principal residence and to which the person has the intention of returning whenever the person has been absent from that state." SECTION 4.

Section 66-5-205.3 NMSA 1978 (being Laws 2003, Chapter 171, Section 1, as amended) is amended to read:

"66-5-205.3.

MOTOR VEHICLE INSURANCE POLICY-- PROCEDURES.-- A.

A motor vehicle insurance policy shall:

(1) designate by explicit description or by appropriate reference all motor vehicles to which coverage is to be granted;

and (2) insure the person named in the policy and a person using any such motor vehicle with the express or implied permission of the named insured against loss from the liability imposed by law for damages arising out of the e t 17 ownership, maintenance or use of the motor vehicle within a w l n d 18 jurisdiction, subject to the requirement to provide evidence of = = 19 financial responsibility pursuant to the Mandatory Financial a l i a e r 20 Responsibility Act.

a t m m 21 B.

A motor vehicle insurance policy shall insure a d r e 22 person named as insured against loss from the liability imposed c e s k 23 upon the person by law for damages arising out of the use, with e a n b 24 the express or implied permission of the owner or person in u [ lawful possession, of a motor vehicle that the insured person .225549.3 - 13 - HCPAC/HB 470 does not own.

The policy shall insure the person within the same territorial limits and in compliance with the requirement of evidence of financial responsibility as set forth in the Mandatory Financial Responsibility Act with respect to a motor vehicle insurance policy.

A motor vehicle liability policy in which the described vehicle is a private passenger car is not required to provide liability insurance coverage for a non- owned truck tractor designed to pull a trailer or semitrailer.

C.

Permitted exceptions to coverage otherwise required by Subsections A and B of this section may include the following if excluded by the motor vehicle insurance policy:

(1) an automobile business exclusion;

(2) a furnished for regular use exclusion;

(3) a vehicle rented for business use exclusion if the exclusion is contained in the motor vehicle insurance policy and is enforceable;

e t 17 (4) an exclusion for any liability of the w l n d 18 United States government or its agencies when the provisions of = = 19 the Federal Tort Claims Act apply;

a l i a e r 20 (5) an exclusion for liability of the insured a t m m 21 under any workers' compensation law;

d r e 22 (6) an exclusion for damages to property owned c e s k 23 by, rented to, in the charge of or transported by an insured;

e a n b 24 provided, however, that this exclusion shall not apply to u [ damages to a residence or private garage rented by an insured;

.225549.3 - 14 - HCPAC/HB 470 and (7) an exclusion to apply when a vehicle is rented to others or used to carry persons for a charge, including when a vehicle is being used while logged on to a transportation network company's digital network or while a driver provides a prearranged ride;

provided, however, that this exclusion shall not apply to use on a shared expense basis.

D.

The motor vehicle insurance policy shall state the name and address of the insured, the coverage afforded by the policy, the premium charged, the policy period and the limits of liability.

The policy shall also contain an agreement or endorsement that states that the insurance is:

(1) provided in accordance with the coverage defined in the Mandatory Financial Responsibility Act regarding bodily injury and death or property damage or both;

and e t 17 (2) subject to all the provisions of that act.

w l n d 18 E.

Every motor vehicle insurance policy shall be = = 19 subject to the following provisions, which may be contained in a l i a e r 20 the policy:

a t m m 21 (1) the policy may not be canceled or annulled d r e 22 as to the liability of the insurance carrier with respect to c e s k 23 the insurance required by the Mandatory Financial e a n b 24 Responsibility Act by an agreement between the insurance u [ carrier and the insured after the occurrence of the injury or .225549.3 - 15 - HCPAC/HB 470 damage;

(2) the satisfaction by the insured of a judgment for injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to pay on account of injury or damage;

(3) the insurance carrier has the right to settle a claim covered by the policy.

If the settlement is made in good faith, the amount of the settlement is deductible from the limits of liability specified in the Mandatory Financial Responsibility Act;

and (4) the policy, the declarations page, the written application and a rider or an endorsement that does not conflict with the provisions of the Mandatory Financial Responsibility Act constitute the entire contract between the parties.

F.

A binder issued pending the issuance of a motor e t 17 vehicle insurance policy is deemed to fulfill the requirements w l n d 18 for the policy.

= = 19 G.

The secretary shall require an insurance carrier a l i a e r 20 duly authorized to do business in New Mexico to certify through a t m m 21 a filing with the department of a certificate that a motor d r e 22 vehicle liability insurance policy for the benefit of a person c e s k 23 is in effect that meets the requirements of the Mandatory e a n b 24 Financial Responsibility Act for the three years following the u [ date that person was convicted of driving under the influence .225549.3 - 16 - HCPAC/HB 470 of alcohol or drugs.

H.

The secretary may by rule require an insurance carrier duly authorized to do business in New Mexico to certify through a filing with the department of a certificate that a motor vehicle liability insurance policy for the benefit of a person is in effect that meets the requirements of the Mandatory Financial Responsibility Act for all motorists or a class of motorists." SECTION 5.

[NEW MATERIAL] DWI ACT--SHORT TITLE.--Sections 66-14-1 through 66-14-2266-14-23 NMSA 1978 may be cited as the "DWI Act"." SECTION 5.6.

[NEW MATERIAL] DRIVING UNDER THE INFLUENCE OF e t 17 INTOXICATING LIQUOR--AGGRAVATED DRIVING UNDER THE INFLUENCE OF w l n d 18 INTOXICATING LIQUOR--UNLAWFUL ALCOHOL CONCENTRATIONS.-- = = 19 A.

Driving under the influence of intoxicating a l i a e tr 1720 liquor consists of a person who is under the influence of wa lt nm dm 1821 intoxicating liquor driving a vehicle within this state.

=d =r 19e a22 l B.

ic a e rs 20k 23 (1) a vehicle in this state if the person has e a tn mb m24 21 an alcohol concentration of eight one hundredths or more in the du r[ e 22 person's blood or breath within three hours of driving the c.225549.3 e- s17 k- 23HCPAC/HB 470 vehicle and the alcohol concentration results from alcohol e a n b 24 consumed before or while driving the vehicle;

or u [ (2) a commercial motor vehicle in this state .225060.2 - 13 - if the person has an alcohol concentration of four one hundredths or more in the person's blood or breath within three hours of driving the commercial motor vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle.

(2) causing bodily injury to a human being as e t 17 a result of the unlawful operation of a motor vehicle while w l n d 18 driving under the influence of intoxicating liquor;

or = = 19 (3) refusing to submit to chemical testing, as a l i a e tr 1720 provided for in the Implied Consent Act, and in the judgment of wa lt nm dm 1821 the court, based upon evidence of intoxication presented to the =d =r 19e a22 l court, the driver was under the influence of intoxicating ic a e rs 20k 23 liquor." e a tn mb m24 21 SECTION 6.7.

A new Section 66-14-3 NMSA 1978 is enacted to du r[ e 22 read:

c.225549.3 e- s18 k- 23HCPAC/HB 470 "66-14-3.

[NEW MATERIAL] DRIVING UNDER THE INFLUENCE OF e a n b 24 INTOXICATING DRUGS--AGGRAVATED DRIVING UNDER THE INFLUENCE OF u [ INTOXICATING DRUGS.-- .225060.2 - 14 - A.

Aggravated driving under the influence of an intoxicating drug consists of a person causing bodily injury to a human being as a result of unlawful operation of a motor vehicle while driving under the influence of an intoxicating drug." e t 17 SECTION 7.8.

A new Section 66-14-4 NMSA 1978 is enacted to w l n d 18 read:

= = 19 "66-14-4.

[NEW MATERIAL] FIRST CONVICTION FOR DRIVING a l i a e tr 1720 UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.-- wa lt nm dm 1821 A.

A first conviction for driving under the =d =r 19e a22 l influence of intoxicating liquor or drugs shall be punished, ic a e rs 20k 23 notwithstanding the provisions of Section 31-18-13 NMSA 1978, e a tn mb m24 21 by imprisonment for not more than ninety days or by a fine of du r[ e 22 not more than five hundred dollars ($500), or both;

provided c.225549.3 e- s19 k- 23HCPAC/HB 470 that if the sentence is suspended in whole or in part or e a n b 24 deferred, the period of probation may extend beyond ninety days u [ but shall not exceed one year.

.225060.2 - 15 - B.

Upon a first conviction pursuant to this section, an offender shall be ordered by the court to participate in and complete a screening program described in Section 66-14-1466-14-15 NMSA 1978 and to attend a driver rehabilitation program for alcohol or drugs, also known as a "DWI school", approved by the bureau and also may be required to participate in other rehabilitative services as the court e t 17 shall determine to be necessary.

w l n d 18 E.

When an offender commits aggravated driving = = 19 under the influence of intoxicating liquor or drugs, the a l i a e tr 1720 offender shall be sentenced to not less than forty-eight wa lt nm dm 1821 consecutive hours in jail.

=d =r 19e a22 l F.

If an offender fails to complete, within a time ic a e rs 20k 23 specified by the court, any community service, screening e a tn mb m24 21 program, treatment program or DWI school ordered by the court du r[ e 22 or fails to comply with any other condition of probation, the c.225549.3 e- s20 k- 23HCPAC/HB 470 offender shall be sentenced to not less than an additional e a n b 24 forty-eight consecutive hours in jail.

u [ G.

A jail sentence imposed pursuant to Subsection F .225060.2 - 16 - of this section or for aggravated driving under the influence of intoxicating liquor or drugs shall not be suspended, deferred or taken under advisement.

A deferred sentence pursuant to this subsection shall be considered a first conviction for the purpose of determining subsequent convictions." SECTION 8.9.

[NEW MATERIAL] SECOND CONVICTION FOR DRIVING e t 17 UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.-- w l n d 18 A.

A second conviction for driving under the = = 19 influence of intoxicating liquor or drugs shall be punished, a l i a e tr 1720 notwithstanding the provisions of Section 31-18-13 NMSA 1978, wa lt nm dm 1821 by imprisonment for not more than three hundred sixty-four days =d =r 19e a22 l or by a fine of not more than one thousand dollars ($1,000), or ic a e rs 20k 23 both;

provided that if the sentence is suspended in whole or in e a tn mb m24 21 part, the period of probation may extend beyond one year but du r[ e 22 shall not exceed five years.

c.225549.3 e- s21 k- 23HCPAC/HB 470 B.

Notwithstanding any provision of law to the e a n b 24 contrary for suspension or deferment of execution of a u [ sentence, upon a second conviction:

.225060.2 - 17 - (1) an offender shall be sentenced to a jail term of not less than ninety-six consecutive hours, not less than forty-eight hours of community service and a fine of five hundred dollars ($500);

e t 17 C.

A penalty imposed pursuant to Subsection B of w l n d 18 this section shall not be suspended or deferred or taken under = = 19 advisement.

a l i a e tr 1720 D.

Upon a second conviction for driving under the wa lt nm dm 1821 influence of intoxicating liquor or drugs, an offender shall be =d =r 19e a22 l required to participate in and complete, within a time ic a e rs 20k 23 specified by the court:

e a tn mb m24 21 (1) not less than a twenty-eight-day du r[ e 22 inpatient, residential or in-custody substance abuse treatment c.225549.3 e- s22 k- 23HCPAC/HB 470 program approved by the court;

e a n b 24 (2) not less than a ninety-day outpatient u [ treatment program approved by the court;

.225060.2 - 18 - (3) a drug court program approved by the court;

The requirements imposed pursuant to Subsection D of this section shall not be suspended, deferred or taken under advisement." SECTION 9.10.

A third conviction for driving under the influence of intoxicating liquor or drugs shall be punished, e t 17 notwithstanding the provisions of Section 31-18-13 NMSA 1978, w l n d 18 by imprisonment for not more than three hundred sixty-four days = = 19 or by a fine of not more than one thousand dollars ($1,000) or a l i a e tr 1720 both;

provided that if the sentence is suspended in whole or in wa lt nm dm 1821 part, the period of probation may extend beyond one year but =d =r 19e a22 l shall not exceed five years.

ic a e rs 20k 23 B.

Notwithstanding any provision of law to the e a tn mb m24 21 contrary for suspension or deferment of execution of a du r[ e 22 sentence, upon a third conviction:

c.225549.3 e- s23 k- 23HCPAC/HB 470 (1) an offender shall be sentenced to a jail e a n b 24 term of not less than thirty consecutive days, not less than u [ ninety-six hours of community service and a fine of seven .225060.2 - 19 - hundred fifty dollars ($750);

e t 17 D.

Upon a third conviction for driving under the w l n d 18 influence of intoxicating liquor or drugs, an offender shall be = = 19 required to participate in and complete, within a time a l i a e tr 1720 specified by the court:

wa lt nm dm 1821 (1) not less than a twenty-eight-day =d =r 19e a22 l inpatient, residential or in-custody substance abuse treatment ic a e rs 20k 23 program approved by the court;

e a tn mb m24 21 (2) not less than a ninety-day outpatient du r[ e 22 treatment program approved by the court;

c.225549.3 e- s24 k- 23HCPAC/HB 470 (3) a drug court program approved by the e a n b 24 court;

or u [ (4) any other substance abuse treatment .225060.2 - 20 - program approved by the court.

The requirements imposed pursuant to Subsection D of this section shall not be suspended, deferred or taken under advisement." SECTION 10.11.

[NEW MATERIAL] FOURTH CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a fourth conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a fourth degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of eighteen months, six months of which shall not e t 17 be suspended, deferred or taken under advisement." w l n d 18 SECTION 11.12.

A new Section 66-14-8 NMSA 1978 is enacted to = = 19 read:

a l i a e tr 1720 "66-14-8.

[NEW MATERIAL] FIFTH CONVICTION FOR DRIVING wa lt nm dm 1821 UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a =d =r 19e a22 l fifth conviction for driving under the influence of ic a e rs 20k 23 intoxicating liquor or drugs, an offender is guilty of a fourth e a tn mb m24 21 degree felony and, notwithstanding the provisions of Section du r[ e 22 31-18-15 NMSA 1978, shall be sentenced to a term of c.225549.3 e- s25 k- 23HCPAC/HB 470 imprisonment of two years, one year of which shall not be e a n b 24 suspended, deferred or taken under advisement." u [ SECTION 12.13.

A new Section 66-14-9 NMSA 1978 is enacted to .225060.2 - 21 - read:

[NEW MATERIAL] SIXTH CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a sixth conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of thirty months, eighteen months of which shall not be suspended, deferred or taken under advisement." SECTION 13.14.

[NEW MATERIAL] SEVENTH OR SUBSEQUENT CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a seventhe ort subsequent17 seventh conviction for driving under the influence of w l n d 18 intoxicating liquor or drugs, an offender is guilty of a third degree= felony= and,19 ea tl 17degree felony and, notwithstanding the provisions of Section 31-18-15i NMSAa 1978,e wr l20 n31-18-15 dNMSA 181978, shall be sentenced to a term of imprisonmenta oft threem years,m =21 =imprisonment 19of athree lyears, two years of which shall not be d r e 22 suspended, deferred or taken i a e r 20 under advisement." ac te ms mk 2123 SECTION 14.15.

A new Section 66-8-101.166-14-11 NMSA 1978 (being Laws d r e 22 1985, Chapter 239, Section 2) is recompiledenacted as Section 66-14-11 c e sa kn 23b NMSA24 1978 and is amended to read:

eu a[ n b 24 "66-14-11.

INJURY[NEW TOMATERIAL] PREGNANTEIGHTH [WOMAN]OR PERSONSUBSEQUENT BYCONVICTION u.225549.3 [- VEHICLE.--26 .225060.2 - 22HCPAC/HB -470 A.FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon an eighth or subsequent conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a second degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to a term of imprisonment of twelve years, ten of which shall not be suspended, deferred or taken under advisement." SECTION 16.

Injury to pregnant [woman] person by vehicle is injury to a pregnant [woman] person by a person other than the [woman] pregnant person in the unlawful operation of a motor vehicle causing [her] the pregnant person to suffer a miscarriage or stillbirth as a result of that injury.

B.

As used in this section:

(1) "miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant [woman] person of a product of human conception;

and (2) "stillbirth" means the death of a fetus prior to the complete expulsion or extraction of the fetus from [its mother] the pregnant person, irrespective of the duration of pregnancy and which is not an induced abortion;

and death is manifested by the fact that after the expulsion or extraction e t 17 the fetus does not breathe spontaneously or show any other w l n d 18 evidence of life such as heart beat, pulsation of the umbilical = = 19 a l cord or definite movement of voluntary muscles.

i a e r 20 C.

Any person who commits injury to pregnant a t m m 21 [woman] person by vehicle while under the influence of d r e 22 intoxicating liquor or while under the influence of any drug or c e s k 23 while violating Section 66-8-113 NMSA 1978 is guilty of a third e a n b 24 degree felony and shall be sentenced pursuant to the provisions u [ of Section 31-18-15 NMSA 1978, provided that violation of .225060.2 - 23 - speeding laws as set forth in the Motor Vehicle Code shall not per se be a basis for violation of Section 66-8-113 NMSA 1978." SECTION 15.

Driving while intoxicated with a minor in the vehicle consists of a person committing a violation of Section e t 17 [66-8-102] 66-14-2 NMSA 1978 when a minor is in the vehicle and w l n d 18 when the minor does not suffer great bodily harm or death.

= = 19 Whoever commits driving while intoxicated with a minor in the a l i a e r 20 vehicle is guilty of a misdemeanor andand, if the minor is a child a t m m 21 of the motorist, shall participate in a parenting class.

d r e 22 B.

Driving while intoxicated with a teenage minor c e ts 17k 23 in the vehicle consists of a person committing a violation of we la n db 1824 Section 66-14-2 NMSA 1978 when a teenage minor is in the =u =[ 19 a l vehicle and when the teenage minor does not suffer great bodily i.225549.3 a- e27 r- 20HCPAC/HB 470 harm or death.

Whoever commits driving while intoxicated with a t m m 21 a teenage minor in the vehicle shall pay a penalty assessment d r e 22 of three hundred dollars ($300) andand, participateif inthe teenage minor is a parentingchild cof ethe smotorist, kparticipate 23in a parenting class.

e a n b 24 [B.] C.

A charge for a violation of Subsection A or u [ B of this section shall be in addition to a charge for the .225060.2 - 24 - violation of Section [66-8-102] 66-14-2 NMSA 1978 and shall be punished as a separate offense.

and (2) "teenage minor" means an individual who is thirteen years of age or older and younger than eighteen years of age." SECTION 16.17.

Section 66-8-10166-8-101.1 NMSA 1978 (being Laws 1978,1985, Chapter 35,239, Section 509,2) as amended) is recompiled as Section 66-14-13 e t 17 NMSA 1978 and is amended to read:

w l n d 18 "66-14-13.

HOMICIDEINJURY BYTO VEHICLE--GREATPREGNANT BODILY[WOMAN] HARMPERSON BY = = 19 VEHICLE.-- a l i a e r 20 A.

Injury to pregnant [woman] person by vehicle is a t m m 21 injury to a pregnant [woman] person by a person other than the d r e 22 [woman] pregnant person in the unlawful operation of a motor c e s k 23 vehicle causing [her] the pregnant person to suffer a e a n b 24 miscarriage or stillbirth as a result of that injury.

u [ B.

As used in this section:

.225549.3 - 28 - HCPAC/HB 470 (1) "miscarriage" means the interruption of the normal development of the fetus, other than by a live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant [woman] person of a product of human conception;

and (2) "stillbirth" means the death of a fetus prior to the complete expulsion or extraction of the fetus from [its mother] the pregnant person, irrespective of the duration of pregnancy and which is not an induced abortion;

and death is manifested by the fact that after the expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heart beat, pulsation of the umbilical cord or definite movement of voluntary muscles.

C.

Any person who commits injury to pregnant [woman] person by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or e t 17 while violating Section 66-8-113 NMSA 1978 is guilty of a third w l n d 18 degree felony and shall be sentenced pursuant to the provisions = = 19 of Section 31-18-15 NMSA 1978, provided that violation of a l i a e r 20 speeding laws as set forth in the Motor Vehicle Code shall not a t m m 21 per se be a basis for violation of Section 66-8-113 NMSA 1978." d r e 22 SECTION 18.

Section 66-8-101 NMSA 1978 (being Laws 1978, c e s k 23 Chapter 35, Section 509, as amended) is recompiled as Section e a n b 24 66-14-14 NMSA 1978 and is amended to read:

u [ "66-14-14.

HOMICIDE BY VEHICLE--GREAT BODILY HARM BY .225549.3 - 29 - HCPAC/HB 470 VEHICLE.-- A.

Great bodily harm by vehicle is the injuring of e t 17 a human being, to the extent defined in Section 30-1-12 NMSA w l n d 18 1978, in the unlawful operation of a motor vehicle.

= = 19 a l C.

A person who commits homicide by vehicle while i a e r 20 under the influence of intoxicating liquor or while under the a t m m 21 influence of any drug is guilty of a second degree felony and d r e 22 shall be sentenced pursuant to the provisions of Section c e s k 23 31-18-15 NMSA 1978.

e a n b 24 D.

A person who commits homicide by vehicle while u [ violating Section 66-8-113 NMSA 1978 is guilty of a third .225060.2 - 25 - degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978;

provided that violation of speeding laws as set forth in the Motor Vehicle Code shall not e t 17 per se be a basis for violation of Section 66-8-113 NMSA 1978.

w l n d 18 E.

A person who commits great bodily harm by = = 19 vehicle while under the influence of intoxicating liquor, while a l i a e r 20 under the influence of any drug or while violating Section a t m m 21 66-8-113 NMSA 1978 is guilty of a third degree felony and shall d r e 22 be sentenced pursuant to the provisions of Section 31-18-15 c e s k 23 NMSA 1978;

provided that violation of speeding laws as set e a n b 24 forth in the Motor Vehicle Code shall not per se be a basis for u [ violation of Section 66-8-113 NMSA 1978.

.225549.3 - 30 - HCPAC/HB 470 F.

A person who commits homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or while under the influence of any drug, as provided in Subsection C or E of this section, and who has e t 17 incurred a prior DWI conviction within ten years of the w l n d 18 occurrence for which the person is being sentenced under this = = 19 a l section, shall have the person's basic sentence increased by i a e r 20 four years for each prior DWI conviction.

a t m m 21 G.

For the purposes of this section, "prior DWI d r e 22 conviction" means:

c e s k 23 (1) a prior conviction under Section e a n b 24 [66-8-102] 66-14-2 or 66-14-3 NMSA 1978;

or u [ (2) a prior conviction in New Mexico or any .225060.2 - 26 - other jurisdiction, territory or possession of the United States, including a tribal jurisdiction, when the criminal act is driving under the influence of alcohol or drugs.

e t 17 H.

A person who willfully operates a motor vehicle w l n d 18 in violation of Subsection C of Section 30-22-1 NMSA 1978 and = = 19 directly or indirectly causes the death of or great bodily harm a l i a e r 20 to a human being is guilty of a third degree felony and shall a t m m 21 be sentenced pursuant to the provisions of Section 31-18-15 d r e 22 NMSA 1978." c e s k 23 SECTION 17.19.

A new Section 66-14-1466-14-15 NMSA 1978 is enacted e a n b 24 to read:

"66-14-14.u [ "66-14-15.

[NEW MATERIAL] ALCOHOL OR DRUG ABUSE SCREENING .225549.3 - 31 - HCPAC/HB 470 REQUIRED.--Upon a conviction for driving under the influence of intoxicating liquor or drugs, an offender shall be required to participate in and complete, within a time specified by the court, an alcohol or drug abuse screening program approved by e t 17 the department of finance and administration and, if necessary, w l n d 18 a treatment program approved by the court.

The requirement = = 19 a l imposed pursuant to this section shall not be suspended, i a e r 20 deferred or taken under advisement." a t m m 21 SECTION 18.20.

A new Section 66-14-15 NMSA 1978 is enacted d r e 22 to read:

c e s k 23 "66-14-15.

[NEW MATERIAL] SUBSTANCE ABUSE AND COUNSELING e a n b 24 TO BE PROVIDED BY THE CORRECTIONS DEPARTMENT UPON A FELONY u [ CONVICTION.--Upon a felony conviction for driving under the .225060.2 - 27 - influence of intoxicating liquor or drugs, the corrections department shall provide substance abuse counseling and treatment to the offender in its custody.

While the offender is on probation or parole under its supervision, the corrections department shall also provide substance abuse counseling and treatment to the offender or shall require the offender to obtain substance abuse counseling and treatment." SECTION 19.

[NEW MATERIAL] CONVICTIONSSUBSTANCE INABUSE OTHERAND JURISDICTIONS.--ACOUNSELING convictionTO pursuantBE toPROVIDED aBY municipalTHE orCORRECTIONS countyDEPARTMENT ordinanceUPON inA NewFELONY Mexico,CONVICTION.--Upon or a lawfelony ofconviction any other jurisdiction, territory or possession of the United States or of an Indian nation, tribe or pueblo, when that ordinance or law is equivalent to New Mexico law for driving under the influence of intoxicating liquor or drugsdrugs, and prescribes penalties for e t 17 driving under the influencecorrections ofdepartment intoxicating liquor or drugs, w l n d 18 shall beprovide deemedsubstance toabuse becounseling aand convictiontreatment pursuant to thisthe sectionoffender forin =its =custody. 19 a l purposes of determining whether a conviction is a second or i a e r 20 subsequent conviction." a t m m 21 SECTION 20.

While the offender e t 17 is on probation or parole under its supervision, the w l n d 18 corrections department shall also provide substance abuse = = 19 counseling and treatment to the offender or shall require the a l i a e r 20 offender to obtain substance abuse counseling and treatment." a t m m 21 SECTION 21.

[NEW MATERIAL] COURTCONVICTIONS MAYIN IMPOSEOTHER ORIGINAL e a n b 24 SENTENCEJURISDICTIONS.--A ANDconviction NOTpursuant GIVEto CREDITa FORmunicipal TIMEor ONcounty PROBATION.--With u [ respectordinance toin theNew DWIMexico, Actor anda notwithstandinglaw of any provisionother ofjurisdiction, law.225549.3 .225060.2 - 2832 - toHCPAC/HB 470 territory or possession of the contrary,United ifStates anor offender'sof sentencean wasIndian suspendednation, tribe or deferredpueblo, inwhen wholethat ordinance or inlaw partis andequivalent theto offenderNew violatesMexico anylaw conditionfor ofdriving probation,under the courtinfluence mayof imposeintoxicating anyliquor sentenceor thatdrugs theand courtprescribes couldpenalties havefor originallydriving imposedunder andthe creditinfluence of intoxicating liquor or drugs, shall notbe deemed to be givena conviction pursuant to this section for timepurposes servedof bydetermining thewhether offendera onconviction probation."is a second or subsequent conviction." SECTION 21.22.

[NEW MATERIAL] MAGISTRATE COURT CONCURRENTMAY JURISDICTION.--InIMPOSE ORIGINAL SENTENCE AND NOT GIVE CREDIT FOR TIME ON PROBATION.--With respect to the caseDWI Act and notwithstanding any provision of alaw first,to secondthe contrary, if an offender's sentence was suspended or thirddeferred offensein pursuantwhole toor in part and the DWIoffender Act,violates any condition of probation, the magistratecourt may impose any sentence that e t 17 the court hascould concurrenthave jurisdictionoriginally withimposed districtand courtscredit toshall trynot be w l n d 18 given for time served by the offender."offender on probation." = = 19 SECTION 22.23.

A new Section 66-8-102.166-14-19 NMSA 1978 (being Laws 1982, Chapter 102, Section 2, as amended by Laws 2003, Chapter 51, Section 11 and by Laws 2003, Chapter 90, Section 4) is recompiledenacted asa Sectionl 66-14-19i NMSAa 1978e andr is20 amended to read:

ea t 17m m 21 "66-14-19.

GUILTY[NEW PLEAS--LIMITATIONS.--WhereMATERIAL] theMAGISTRATE wCOURT lCONCURRENT n d 18r complaint or information alleges a violation of Section = = 19 a l [66-8-102] 66-14-2 or 66-14-3 NMSA 1978, any plea of guilty i a e r22 20JURISDICTION.--In thereafterthe enteredcase in satisfaction of the charges shall include a tfirst, msecond m 21 at least a plea of guilty to the violation of [one of the d r e 22 subsections of] Section [66-8-102] 66-14-2 or 66-14-3third NMSAoffense c e s k 23 1978,pursuant andto nothe otherDWI dispositionAct, bythe pleamagistrate ofcourt guiltyhas toconcurrent any other e a n b 24 chargejurisdiction inwith satisfactiondistrict ofcourts theto chargetry shall be authorized if the offender." u [ resultsSECTION of24. a test performed pursuant to the Implied Consent Act .225060.2 - 29 - disclose that the blood or breath of the person charged contains an alcohol concentration of:

Section 66-8-102.1 NMSA 1978 (being Laws .225549.3 - 33 - HCPAC/HB 470 1982, Chapter 102, Section 2, as amended by Laws 2003, Chapter 51, Section 11 and by Laws 2003, Chapter 90, Section 4) is recompiled as Section 66-14-20 NMSA 1978 and is amended to read:

"66-14-20.

GUILTY PLEAS--LIMITATIONS.--Where the complaint or information alleges a violation of Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of [one of the subsections of] Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to the Implied Consent Act disclose that the blood or breath of the person charged contains an alcohol concentration of:

or e t 17 B.

four one hundredths or more if the person w l n d 18 charged is driving a commercial motor vehicle." = = 19 SECTION 23.25.

Section 66-8-102.2 NMSA 1978 (being Laws a l i a e r 20 1993, Chapter 66, Section 16) is recompiled as Section 66-14-2066-14-21 a t m m 21 NMSA 1978 and is amended to read:

"66-14-20.d r e 22 "66-14-21.

MUNICIPAL AND COUNTY ORDINANCES--UNLAWFUL c e s k 23 ALCOHOL CONCENTRATION LEVEL FOR DRIVING WHILE UNDER THE e a n b 24 INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--No municipal or u [ county ordinance prohibiting driving while under the influence .225549.3 - 34 - HCPAC/HB 470 of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in [Subsections C and D of Section 66-8-102] Section 66-14-2 NMSA 1978." e t 17 SECTION 24.26.

Section 66-8-102.4 NMSA 1978 (being Laws w l n d 18 2005, Chapter 269, Section 8) is recompiled as Section 66-14-2166-14-22 = = 19 a l NMSA 1978 and is amended to read:

i a e r 20 "66-14-21.

UNIFORM POLICE REPORTS AND PROCEDURES FOR DWI a t m m 21 ARRESTS.-- d r e 22 A.

The department of public safety, in c e s k 23 collaboration with the [motor vehicle] division [of the e a n b 24 taxation and revenue department] and the [traffic safety] u [ bureau [of the department of transportation], shall develop and .225060.2 - 30 - periodically review and update standard arrest reports and procedures to be used by law enforcement officers when making an arrest for a violation of the [provisions of Section 66-8-102 NMSA 1978] DWI Act or similar municipal or county ordinances.

B.

A law enforcement officer making an arrest for a violation of the [provisions of Section 66-8-102 NMSA 1978] DWI Act or of similar municipal or county ordinances shall use the standard arrest reports and procedures developed and approved by the department of public safety in accordance with the provisions of Subsection A of this section." SECTION 25.

A new Section 66-14-22 NMSA 1978 is enacted to read:

[NEWUNIFORM MATERIAL]POLICE CHEMICALREPORTS BLOOD TESTS DIRECTED BY POLICE, JUDICIAL OR PROBATION OFFICER--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINALPROCEDURES LIABILITY--ARRESTFOR eDWI tARRESTS.-- 17 OR TEST ONLY IN PERFORMANCE OF OFFICIAL DUTIES AUTHORIZED BY w l n d 18 LAW.-- = = 19 a l A.

OnlyThe adepartment physician,of licensedpublic professionalsafety, orin icollaboration awith ethe r[motor 20vehicle] practicaldivision nurse,[of emergencythe medicaltaxation technicianand orrevenue certifieddepartment] aand tthe m[traffic msafety] 21bureau phlebotomist,[of orthe adepartment technologistof employedtransportation], byshall adevelop hospitaland orperiodically dreview rand eupdate 22standard physician,arrest shallreports withdrawand bloodprocedures fromto be used by law enforcement officers when making an arrest for a personviolation inof the c[provisions of Section e st k17 2366-8-102 performanceNMSA of1978] aDWI chemicalAct bloodor test.similar municipal or county w l n d 18 ordinances.

No= such= physician,19 eB. a n b 24 nurse, technician, phlebotomist or technologist who withdraws u [ blood from a person in the performance of a chemical blood test .225060.2 - 31 - that has been directed by a police officer, or by a judicial or probation officer, shall be held liable in a civil or criminal action for assault, battery, false imprisonment or the conduct of a police officer, except for negligence, nor shall a person assisting in the performance of the test, or a hospital wherein blood is withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or the conduct of a police officer, except for negligence.

A law enforcement officer making an arrest for a a l i a e r 20 violation of the [provisions of Section 66-8-102 NMSA 1978] DWI a t m m 21 Act or of similar municipal or county ordinances shall use the d r e 22 standard arrest reports and procedures developed and approved c e s k 23 by the department of public safety in accordance with the e a n b 24 provisions of Subsection A of this section." u [ SECTION 27.

A new Section 66-14-23 NMSA 1978 is enacted .225549.3 - 35 - HCPAC/HB 470 to read:

"66-14-23.

[NEW MATERIAL] CHEMICAL BLOOD TESTS DIRECTED BY POLICE, JUDICIAL OR PROBATION OFFICER--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINAL LIABILITY--ARREST OR TEST ONLY IN PERFORMANCE OF OFFICIAL DUTIES AUTHORIZED BY LAW.-- A.

Only a physician, licensed professional or practical nurse, emergency medical technician or certified phlebotomist, or a technologist employed by a hospital or physician, shall withdraw blood from a person in the performance of a chemical blood test.

No such physician, nurse, technician, phlebotomist or technologist who withdraws blood from a person in the performance of a chemical blood test that has been directed by a police officer, or by a judicial or probation officer, shall be held liable in a civil or criminal action for assault, battery, false imprisonment or the conduct e t 17 of a police officer, except for negligence, nor shall a person w l n d 18 assisting in the performance of the test, or a hospital wherein = = 19 blood is withdrawn in the performance of the test, be subject a l i a e r 20 to civil or criminal liability for assault, battery, false a t m m 21 imprisonment or the conduct of a police officer, except for d r e 22 negligence.

c e s k 23 B.

Nothing in this section is intended to authorize e a n b 24 a police officer, or a judicial or probation officer, to make u [ an arrest or to direct the performance of a chemical blood .225549.3 - 36 - HCPAC/HB 470 test, except in the performance of that person's official duties and as otherwise authorized by law." SECTION 28.

Section 66-8-105 NMSA 1978 (being Laws 1978, Chapter 35, Section 513) is recompiled as Section 66-14-31 NMSA 1978 and is amended to read:

"66-14-31.

IMPLIED CONSENT ACT--SHORT TITLE.--Sections [64-8-105 through 64-8-112 NMSA 1953] 66-14-31 through 66-14-38 NMSA 1978 may be cited as the "Implied Consent Act"." SECTION 29.

Section 66-8-107 NMSA 1978 (being Laws 1978, Chapter 35, Section 515, as amended) is recompiled as Section 66-14-32 NMSA 1978 and is amended to read:

"66-14-32.

IMPLIED CONSENT TO SUBMIT TO CHEMICAL TEST.-- A.

Any person who operates a motor vehicle within this state shall be deemed to have given consent, subject to the provisions of the Implied Consent Act:

(1) to chemical tests of [his] that person's e t 17 breath or blood or both that are approved by the scientific w l n d 18 laboratory division of the department of health pursuant to the = = 19 provisions of Section 24-1-22 NMSA 1978 as determined by a law a l i a e r 20 enforcement officer;

or a t m m 21 (2) for the purpose of determining the drug or d r e 22 alcohol content of [his] the person's blood if the person is c e s k 23 arrested for any offense arising out of the acts alleged to e a n b 24 have been committed while the person was driving a motor u [ vehicle while under the influence of an intoxicating liquor or .225549.3 - 37 - HCPAC/HB 470 drug.

NothingA intest thisof sectionblood isor intendedbreath toor authorizeboth, aapproved policeby officer,the orscientific alaboratory judicialdivision orof probationthe officer,department of health pursuant to makethe anprovisions arrestof orSection to24-1-22 directNMSA 1978, shall be administered at the performancedirection of a chemicallaw bloodenforcement test,officer excepthaving inreasonable grounds to believe the performanceperson ofto thathave person'sbeen officialdriving dutiesa andmotor asvehicle otherwisewithin authorizedthis bystate law."while under the influence of intoxicating liquor or [drug] drugs." SECTION 26.30.

Section 66-8-10566-8-108 NMSA 1978 (being Laws 1978, Chapter 35, Section 513)516) is recompiled as Section 66-14-2366-14-33 NMSA e t 17 1978 and is amended to read:

w"66-14-33. l n d 18 "66-14-23.

IMPLIED CONSENT ACT--SHORTOF TITLE.--SectionsPERSON =INCAPABLE =OF 19REFUSAL NOT WITHDRAWN.--Any person who is dead, unconscious or otherwise in a lcondition [64-8-105rendering through[him] 64-8-112the person incapable of refusal shall be deemed not to have withdrawn the consent provided by Section [64-8-107 NMSA 1953] 66-14-2366-14-32 throughNMSA 66-14-301978, iand athe test e rt 2017 NMSAor 1978tests maydesignated beby citedthe aslaw theenforcement "Impliedofficer Consentmay Act"."be aw tl mn md 2118 administered." = = 19 SECTION 27.31.

Section 66-8-10766-8-109 NMSA 1978 (being Laws 1978, da rl i a e 22r 20 Chapter 35, Section 515,517, as amended) is recompiled as Section ca et sm km 2321 66-14-2466-14-34 NMSA 1978 and is amended to read:

ed ar ne b22 24"66-14-34. "66-14-24.

IMPLIEDADMINISTRATION CONSENTOF TOCHEMICAL SUBMITTEST--PAYMENT TOOF CHEMICALc TEST.--e us [k 23 COSTS--ADDITIONAL TESTS.-- e a n b 24 A.

AnyOnly personthe whopersons operatesauthorized aby motorSection vehicleu within[ .225060.2[66-8-103] -66-14-23 32NMSA -1978 thisshall statewithdraw shallblood befrom deemedany to.225549.3 have- given38 consent,- subjectHCPAC/HB to470 person for the provisionspurpose of thedetermining Impliedits Consentalcohol Act:or drug content.

(1) to chemical tests of [his] that person's breath or blood or both that are approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer;

or (2) for the purpose of determining the drug or alcohol content of [his] the person's blood if the person is arrested for any offense arising out of the acts alleged to have been committed while the person was driving a motor vehicle while under the influence of an intoxicating liquor or drug.

B.

A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall e t 17 be administered at the direction of a law enforcement officer w l n d 18 having reasonable grounds to believe the person to have been = = 19 a l driving a motor vehicle within this state while under the i a e r 20 influence of intoxicating liquor or [drug] drugs." a t m m 21 SECTION 28.

Section 66-8-108 NMSA 1978 (being Laws 1978, d r e 22 Chapter 35, Section 516) is recompiled as Section 66-14-25 NMSA c e s k 23 1978 and is amended to read:

e a n b 24 "66-14-25.

CONSENT OF PERSON INCAPABLE OF REFUSAL NOT u [ WITHDRAWN.--Any person who is dead, unconscious or otherwise in .225060.2 - 33 - a condition rendering [him] the person incapable of refusal shall be deemed not to have withdrawn the consent provided by Section [64-8-107 NMSA 1953] 66-14-24 NMSA 1978, and the test or tests designated by the law enforcement officer may be administered." SECTION 29.

Section 66-8-109 NMSA 1978 (being Laws 1978, Chapter 35, Section 517, as amended) is recompiled as Section 66-14-26 NMSA 1978 and is amended to read:

"66-14-26.

ADMINISTRATION OF CHEMICAL TEST--PAYMENT OF COSTS--ADDITIONAL TESTS.-- A.

Only the persons authorized by Section [66-8-103] 66-14-22 NMSA 1978 shall withdraw blood from any person for the purpose of determining its alcohol or drug content.

The person tested shall be advised by the law e t 17 enforcement officer of the person's right to be given an w l n d 18 opportunity to arrange for a physician, licensed professional = = 19 a l or practical nurse, [or laboratory technician or] emergency i a e r 20 medical technician or certified phlebotomist or a technologist a t m m 21 who is employed by a hospital or physician of [his] the d r e 22 person's own choosing to perform a chemical test in addition to c e s k 23 any test performed at the direction of a law enforcement e a n b 24 officer.

u [ C.

Upon the request of the person tested, full .225060.2 - 34 - information concerning the test performed at the direction of the law enforcement officer shall be made available to [him] the person as soon as it is available from the person e t 17 performing the test.

w l n d 18 D.

The law enforcement agency represented by the = = 19 law enforcement officer at whose direction the chemical test is a l i a e r 20 performed shall pay for the chemical test.

a t m m 21 E.

If a person exercises [his] the person's right d r e 22 under Subsection B of this section to have a chemical test c e s k 23 performed [upon him] on the person by a person of [his] the e a n b 24 person's own choosing, the cost of that test shall be paid by u [ the law enforcement agency represented by the law enforcement .225549.3 - 39 - HCPAC/HB 470 officer at whose direction a chemical test was administered under Section [66-8-107] 66-14-2466-14-32 NMSA 1978." SECTION 30.32.

Section 66-8-110 NMSA 1978 (being Laws 1978, Chapter 35, Section 518, as amended) is recompiled as Section e66-14-35 t 17 66-14-27 NMSA 1978 and is amended to read:

w"66-14-35. l n d 18 "66-14-27.

USE OF TESTS IN CRIMINAL ACTIONS OR CIVIL = = 19 a l ACTIONS--LEVELS OF INTOXICATION--MANDATORY CHARGING.-- i a e r 20 A.

The results of a test performed pursuant to the a t m m 21 Implied Consent Act may be introduced into evidence in any d r e 22 civil action or criminal action arising out of the acts alleged c e s k 23 to have been committed by the person tested for driving a motor e a n b 24 vehicle while under the influence of intoxicating liquor or u [ drugs.

.225060.2 - 35 - B.

(1) an alcohol concentration of less than four e t 17 one hundredths, it shall be presumed that the person was not w l n d 18 under the influence of intoxicating liquor;

= = 19 (2) an alcohol concentration of at least four a l i a e r 20 one hundredths but less than eight one hundredths:

a t m m 21 (a) no presumption shall be made that d r e 22 the person either was or was not under the influence of c e s k 23 intoxicating liquor, unless the person is driving a commercial e a n b 24 motor vehicle;

and u [ (b) the amount of alcohol in the .225549.3 - 40 - HCPAC/HB 470 person's blood or breath may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor;

or (3) an alcohol concentration of four one e t 17 hundredths or more and the person is driving a commercial w l n d 18 vehicle, it shall be presumed that the person is under the = = 19 a l influence of intoxicating liquor.

i a e r 20 C.

The arresting officer shall charge the person a t m m 21 tested with a violation of Section [66-8-102] 66-14-2 NMSA 1978 d r e 22 when the blood or breath of the person contains an alcohol c e s k 23 concentration of:

e a n b 24 (1) eight one hundredths or more;

or u [ (2) four one hundredths or more if the person .225060.2 - 36 - is driving a commercial motor vehicle.

When a person is less than twenty-one years of age and the blood or breath of the person contains an alcohol e t 17 concentration of two one hundredths or more, the person's w l n d 18 driving privileges shall be revoked pursuant to the provisions = = 19 of the Implied Consent Act.

a l i a e r 20 E.

If the test performed pursuant to the Implied a t m m 21 Consent Act is administered more than three hours after the d r e 22 person was driving a vehicle, the test result may be introduced c e s k 23 as evidence of the alcohol concentration in the person's blood e a n b 24 or breath at the time of the test and the trier of fact shall u [ determine what weight to give the test result for the purpose .225549.3 - 41 - HCPAC/HB 470 of determining a violation of Section [66-8-102] 66-14-2 NMSA 1978.

The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of e t 17 blood or the grams of alcohol in two hundred ten liters of w l n d 18 breath.

= = 19 a l G.

The presumptions in Subsection B of this section i a e r 20 do not limit the introduction of other competent evidence a t m m 21 concerning whether the person was under the influence of d r e 22 intoxicating liquor.

c e s k 23 H.

If a person is convicted of driving a motor e a n b 24 vehicle while under the influence of intoxicating liquor, the u [ trial judge shall [inquire into] review the past driving record .225060.2 - 37 - of the person before sentence is entered in the matter." SECTION 31.33.

Section 66-8-111 NMSA 1978 (being Laws 1978, Chapter 35, Section 519, as amended) is recompiled as Section 66-14-28e t 17 66-14-36 NMSA 1978 and is amended to read:

"66-14-28.w l n d 18 "66-14-36.

REFUSAL TO SUBMIT TO CHEMICAL TESTS--TESTING-- = = 19 GROUNDS FOR REVOCATION OF LICENSE OR PRIVILEGE TO DRIVE.-- a l i a e r 20 A.

If a person under arrest for violation of an a t m m 21 offense enumerated in the Motor Vehicle Code refuses upon d r e 22 request of a law enforcement officer to submit to chemical c e s k 23 tests designated by the law enforcement agency as provided in e a n b 24 Section [66-8-107] 66-14-2466-14-32 NMSA 1978, none shall be u [ administered except when a [municipal judge] magistrate or .225549.3 - 42 - HCPAC/HB 470 district judge issues a search warrant authorizing chemical tests as provided in Section [66-8-107] 66-14-2466-14-32 NMSA 1978 upon finding in a law enforcement officer's written affidavit that there is probable cause to believe that the person has driven a e t 17 motor vehicle while under the influence of alcohol or a w l n d 18 controlled substance, thereby causing the death or great bodily = = 19 a l injury of another person, or there is probable cause to believe i a e r 20 that the person has committed a felony while under the a t m m 21 influence of alcohol or a controlled substance and that d r e 22 chemical tests as provided in Section [66-8-107] 66-14-2466-14-32 NMSA c e s k 23 1978 will produce material evidence in a felony prosecution.

e a n b 24 B.

If a person under arrest for a violation of u [ driving under the influence of intoxicating liquor or driving .225060.2 - 38 - under the influence of an intoxicating drug submits to a chemical breath test upon request of a law enforcement officer as provided in Section 66-14-2466-14-32 NMSA 1978, but thereafter e t 17 refuses upon request of a law enforcement officer to submit to w l n d 18 a chemical blood test, no chemical blood test shall be = = 19 administered except when a magistrate or district judge issues a l i a e r 20 a search warrant authorizing chemical tests as provided in a t m m 21 Section 66-14-2466-14-32 NMSA 1978 upon finding in a law enforcement d r e 22 officer's written affidavit that there is probable cause to c e s k 23 believe that the person has committed driving under the e a n b 24 influence of an intoxicating drug and that chemical tests as u [ provided in Section 66-14-2466-14-32 NMSA 1978 will produce material .225549.3 - 43 - HCPAC/HB 470 evidence in a misdemeanor prosecution;

(1) the chemical breath test to which the person submitted resulted in an alcohol concentration of fourless onethan hundredthsfour orhundredths less in the person's breath;

e t 17 (2) the person subsequently refused a chemical w l n d 18 blood test upon the request of a law enforcement officer;

and = = 19 a l (3) the law enforcement officer's written i a e r 20 affidavit establishes probable cause to believe that the a t m m 21 impairment observed by the law enforcement officer is d r e 22 inconsistent with the result of the chemical breath test and c e s k 23 indicates the presence of intoxicating drugs.

e a n b 24 [B.] C.

The department, upon receipt of a statement u [ signed under penalty of perjury from a law enforcement officer .225060.2 - 39 - stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor or drugs e t 17 and that, upon request, the person refused to submit to a w l n d 18 chemical test after being advised that failure to submit could = = 19 result in revocation of the person's privilege to drive, shall a l i a e r 20 revoke the person's New Mexico driver's license or any a t m m 21 nonresident operating privilege for a period of one year or d r e 22 until all conditions for license reinstatement are met, c e s k 23 whichever is later.

e a n b 24 [C.] D.

The department, upon receipt of a statement u [ signed under penalty of perjury from a law enforcement officer .225549.3 - 44 - HCPAC/HB 470 stating the officer's reasonable grounds to believe the arrested person had been driving a motor vehicle within this state while under the influence of intoxicating liquor and that the person submitted to chemical testing pursuant to Section e t 17 [66-8-107] 66-14-2466-14-32 NMSA 1978 and the test results indicated an w l n d 18 alcohol concentration in the person's blood or breath of eight = = 19 a l one hundredths or more if the person is twenty-one years of age i a e r 20 or older, four one hundredths or more if the person is driving a t m m 21 a commercial motor vehicle or two one hundredths or more if the d r e 22 person is less than twenty-one years of age, shall revoke the c e s k 23 person's license or permit to drive or [his] the person's e a n b 24 nonresident operating privilege for a period of:

u [ (1) six months or until all conditions for .225060.2 - 40 - license reinstatement are met, whichever is later, if the person is twenty-one years of age or older;

(2) one year or until all conditions for e t 17 license reinstatement are met, whichever is later, if the w l n d 18 person was less than twenty-one years of age at the time of the = = 19 arrest, notwithstanding any provision of the Children's Code;

a l i a e r 20 or a t m m 21 (3) one year or until all conditions for d r e 22 license reinstatement are met, whichever is later, if the c e s k 23 [person has previously had his] person's license had been e a n b 24 revoked previously pursuant to the provisions of this section, u [ notwithstanding the provisions of Paragraph (1) of this .225549.3 - 45 - HCPAC/HB 470 subsection.

The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten e t 17 liters of breath.

w l n d 18 [E.] F.

If the person subject to the revocation = = 19 a l provisions of this section is a resident or will become a i a e r 20 resident within one year and is without a license to operate a a t m m 21 motor vehicle in this state, the department shall deny the d r e 22 issuance of a license to [him] the person for the appropriate c e s k 23 period of time as provided in Subsections [B and C] C and D of e a n b 24 this section.

u [ [F.] G.

A statement signed by a law enforcement .225060.2 - 41 - officer, pursuant to the provisions of Subsection [B or C] C or D of this section, shall be sworn to by the officer or shall contain a declaration substantially to the effect:

"I hereby e t 17 declare under penalty of perjury that the information given in w l n d 18 this statement is true and correct to the best of my = = 19 knowledge.".

The statement may be signed and submitted a l i a e r 20 electronically in a manner and form approved by the department.

a t m m 21 A law enforcement officer who signs a statement knowing that d r e 22 the statement is untrue in any material issue or matter is c e s k 23 guilty of perjury as provided in Section 66-5-38 NMSA 1978." e a n b 24 SECTION 32.34.

Section 66-8-111.1 NMSA 1978 (being Laws u [ 1984, Chapter 72, Section 7, as amended) is recompiled as .225549.3 - 46 - HCPAC/HB 470 Section 66-14-2966-14-37 NMSA 1978 and is amended to read:

"66-14-29."66-14-37.

On behalf of the department, a law enforcement e t 17 officer requesting a chemical test or directing the w l n d 18 administration of a chemical test pursuant to Section = = 19 a l [66-8-107] 66-14-2466-14-32 NMSA 1978 shall serve immediate written i a e r 20 notice of revocation and of right to a hearing before the a t m m 21 administrative hearings office pursuant to the Implied Consent d r e 22 Act on a person who:

c e s k 23 (1) refuses to permit chemical testing;

or e a n b 24 (2) submits to a chemical test the results of u [ which indicate an alcohol concentration in the person's blood .225060.2 - 42 - or breath of:

e t 17 (b) four one hundredths or more if the w l n d 18 person is driving a commercial motor vehicle;

or = = 19 (c) two one hundredths or more if the a l i a e r 20 person is less than twenty-one years of age.

a t m m 21 B.

The written notice of revocation and of a right d r e 22 to a hearing served on the driver shall be a temporary license c e s k 23 valid for twenty days or, if the driver requests a hearing e a n b 24 pursuant to Section [66-8-112] 66-14-3066-14-38 NMSA 1978, valid until u [ the date the administrative hearings office issues the order .225549.3 - 47 - HCPAC/HB 470 following that hearing;

e t 17 C.

The law enforcement officer shall send to the w l n d 18 department the signed statement required pursuant to Section = = 19 a l [66-8-111] 66-14-2866-14-36 NMSA 1978." i a e r 20 SECTION 33.35.

Section 66-8-112 NMSA 1978 (being Laws 1978, a t m m 21 Chapter 35, Section 520, as amended) is recompiled as Section d66-14-38 r e 22 66-14-30 NMSA 1978 and is amended to read:

c"66-14-38. e s k 23 "66-14-30.

REVOCATION OF LICENSE OR PRIVILEGE TO DRIVE-- e a n b 24 NOTICE--EFFECTIVE DATE--HEARING--HEARING COSTS--REVIEW.-- u [ A.

The effective date of revocation pursuant to .225060.2 - 43 - Section [66-8-111] 66-14-2866-14-36 NMSA 1978 is twenty days after notice of revocation or, if the person whose driver's license or privilege to drive is being revoked or denied requests a e t 17 hearing pursuant to the Administrative Hearings Office Act, the w l n d 18 date that the administrative hearings office issues the order = = 19 following that hearing.

a l i a e r 20 (1) the date the law enforcement officer a t m m 21 serves written notice of revocation and of right to a hearing d r e 22 pursuant to Section [66-8-111.1] 66-14-2966-14-37 NMSA 1978;

or c e s k 23 (2) in the event the results of a chemical e a n b 24 test cannot be obtained immediately, the date notice of u [ revocation is served by mail by the department.

This notice of .225549.3 - 48 - HCPAC/HB 470 revocation and of right to a hearing shall be sent by certified mail and shall be deemed to have been served on the date borne by the return receipt showing delivery, refusal of the addressee to accept delivery or attempted delivery of the e t 17 notice at the address obtained by the arresting law enforcement w l n d 18 officer or on file with the department.

= = 19 a l B.

Within ten days after receipt of notice of i a e r 20 revocation pursuant to Subsection A of this section, a person a t m m 21 whose license or privilege to drive is revoked or denied or the d r e 22 person's agent may request a hearing.

The hearing request c e s k 23 shall be made in writing and shall be accompanied by a payment e a n b 24 of twenty-five dollars ($25.00) or a sworn statement of u [ indigency on a form provided by the department.

A standard for .225060.2 - 44 - indigency shall be established pursuant to rules adopted by the department.

Any e t 17 person less than eighteen years of age who fails to request a w l n d 18 hearing within ten days shall have notice of revocation sent to = = 19 the person's parent, guardian or custodian by the department.

a l i a e r 20 A date for the hearing shall be set by the administrative a t m m 21 hearings office, if practical, within thirty days after receipt d r e 22 of notice of revocation.

The hearing shall be held in the c e s k 23 county in which the offense for which the person was arrested e a n b 24 took place.

u [ C.

The administrative hearings office may postpone .225549.3 - 49 - HCPAC/HB 470 or continue any hearing on its own motion or upon application from the person and for good cause shown for a period not to exceed ninety days from the date of notice of revocation and, provided that, upon a continuance, the department shall extend e t 17 the validity of the temporary license for the period of the w l n d 18 postponement or continuation.

= = 19 a l D.

At the hearing, the administrative hearings i a e r 20 office may administer oaths and may issue subpoenas for the a t m m 21 attendance of witnesses and the production of relevant books d r e 22 and papers.

c e s k 23 E.

The hearing shall be limited to the following e a n b 24 issues:

u [ (1) whether the law enforcement officer had .225060.2 - 45 - reasonable grounds to believe that the person had been driving a motor vehicle within this state while under the influence of intoxicating liquor or drugs;

e t 17 (2) whether the person was arrested;

w l n d 18 (3) whether this hearing is held no later than = = 19 ninety days after notice of revocation;

and [either] a l i a e r 20 (4) whether:

a t m m 21 (a) the person refused to submit to a d r e 22 test upon request of the law enforcement officer;

and c e s k 23 (b) the law enforcement officer advised e a n b 24 that the failure to submit to a test could result in revocation u [ of the person's privilege to drive;

or .225549.3 - 50 - HCPAC/HB 470 (5) whether:

and (b) the test results indicated an e t 17 alcohol concentration in the person's blood or breath of eight w l n d 18 one hundredths or more if the person is twenty-one years of age = = 19 a l or older, four one hundredths or more if the person is driving i a e r 20 a commercial motor vehicle or two one hundredths or more if the a t m m 21 person is less than twenty-one years of age.

d r e 22 F.

The administrative hearings office shall enter c e s k 23 an order sustaining the revocation or denial of the person's e a n b 24 license or privilege to drive if the hearing officer from the u [ administrative hearings office finds that:

.225060.2 - 46 - (1) the law enforcement officer had reasonable grounds to believe the driver was driving a motor vehicle while under the influence of intoxicating liquor or drugs;

e t 17 (2) the person was arrested;

w l n d 18 (3) [this] the hearing is held no later than = = 19 ninety days after notice of revocation;

and a l i a e r 20 (4) either:

a t m m 21 (a) the person refused to submit to the d r e 22 test upon request of the law enforcement officer after the law c e s k 23 enforcement officer advised the person that the person's e a n b 24 failure to submit to the test could result in the revocation of u [ the person's privilege to drive;

or .225549.3 - 51 - HCPAC/HB 470 (b) that a chemical test was administered pursuant to the provisions of the Implied Consent Act and the test results indicated an alcohol concentration in the person's blood or breath of eight one hundredths or more if e t 17 the person is twenty-one years of age or older, four one w l n d 18 hundredths or more if the person is driving a commercial motor = = 19 a l vehicle or two one hundredths or more if the person is less i a e r 20 than twenty-one years of age.

a t m m 21 G.

If one or more of the elements set forth in d r e 22 Paragraphs (1) through (4) of Subsection F of this section are c e s k 23 not found by the hearing officer, the person's license shall e a n b 24 not be revoked.

u [ H.

A person adversely affected by an order of the .225060.2 - 47 - administrative hearings office may seek review within thirty days in the district court in the county in which the offense for which the person was arrested took place.

The district e t 17 court, upon thirty days' written notice to the department, w l n d 18 shall hear the case.

On review, it is for the court to = = 19 determine only whether reasonable grounds exist for revocation a l i a e r 20 or denial of the person's license or privilege to drive based a t m m 21 on the record of the administrative proceeding.

d r e 22 I.

Any person less than eighteen years of age shall c e s k 23 have results of the person's hearing forwarded by the e a n b 24 administrative hearings office to the person's parent, guardian u [ or custodian." .225549.3 - 52 - HCPAC/HB 470 SECTION 34.36.

Section 66-5-501 NMSA 1978 (being Laws 2003, Chapter 239, Section 1) is recompiled as Section 66-14-3166-14-41 NMSA 1978 and is amended to read:

"66-14-31."66-14-41.

IGNITION INTERLOCK LICENSING ACT--SHORT e t 17 TITLE.--Sections [1 through 4 of this act] 66-14-3166-14-41 through w66-14-46 l n d 18 66-14-36 NMSA 1978 may be cited as the "Ignition Interlock = = 19 a l Licensing Act"." i a e r 20 SECTION 35.37.

Section 66-5-502 NMSA 1978 (being Laws 2003, a t m m 21 Chapter 239, Section 2, as amended) is recompiled as Section d66-14-42 r e 22 66-14-32 NMSA 1978 and is amended to read:

c"66-14-42. e s k 23 "66-14-32.

DEFINITIONS.--As used in the Ignition e a n b 24 Interlock Licensing Act:

u [ A.

"denied" means the division has refused to issue .225060.2 - 48 - an instruction permit, driver's license or provisional license pursuant to the provisions of Subsection D or E of Section 66-5-5 NMSA 1978;

e t 17 B.

"ignition interlock device" means a device, w l n d 18 approved by the [traffic safety] bureau, that prevents the = = 19 operation of a motor vehicle by an intoxicated or impaired a l i a e r 20 person;

a t m m 21 C.

"ignition interlock license" means a driver's d r e 22 license issued to a person by the division that allows that c e s k 23 person to operate a motor vehicle with an ignition interlock e a n b 24 device after that person's driving privilege or driver's u [ license has been revoked or denied.

The division shall clearly .225549.3 - 53 - HCPAC/HB 470 mark an ignition interlock license to distinguish it from other driver's licenses;

"revoked" means the division, pursuant to the provisions of Section 66-5-29 or [66-8-111] 66-14-2866-14-36 NMSA 1978, e t 17 has terminated a person's driving privilege or driver's license w l n d 18 for:

= = 19 a l (1) driving while under the influence of i a e r 20 intoxicating liquor or drugs;

or a t m m 21 (2) a conviction of homicide by vehicle or d r e 22 great bodily harm by vehicle while under the influence of c e s k 23 intoxicating liquor or drugs." e a n b 24 SECTION 36.38.

A new Section 66-14-3366-14-43 NMSA 1978 is enacted u [ to read:

.225060.2"66-14-43. - 49 - "66-14-33.

Upon a conviction for driving under the e t 17 influence of intoxicating liquor or drugs, an offender shall be w l n d 18 required to obtain an ignition interlock license and have an = = 19 ignition interlock device installed and operating on all motor a l i a e r 20 vehicles driven by the offender, pursuant to rules adopted by a t m m 21 the bureau.

Unless determined by the bureau to be indigent, d r e 22 the offender shall pay all costs associated with having an c e s k 23 ignition interlock device installed on the appropriate motor e a n b 24 vehicles.

The offender shall operate only those vehicles u [ equipped with ignition interlock devices for:

.225549.3 - 54 - HCPAC/HB 470 (1) a period of one year for a first offender;

(3) a period of three years for a third e t 17 conviction pursuant to the DWI Act;

or w l n d 18 (4) the remainder of the offender's life for a = = 19 a l fourth or subsequent conviction pursuant to the DWI Act.

i a e r 20 B.

Five years from the date of conviction and every a t m m 21 five years thereafter, a fourth or subsequent offender may d r e 22 apply to a district court for removal of the ignition interlock c e s k 23 device requirement provided in this section and for restoration e a n b 24 of a driver's license.

A district court may, for good cause u [ shown, remove the ignition interlock device requirement and .225060.2 - 50 - order restoration of the license;

Good e t 17 cause may include an alcohol screening and proof from the w l n d 18 interlock vendor that the person has not had violations of the = = 19 interlock device.

a l i a e r 20 C.

An offender who obtains an ignition interlock a t m m 21 license and installs an ignition interlock device prior to d r e 22 conviction shall be given credit at sentencing for the time c e s k 23 period the ignition interlock device has been in use." e a n b 24 SECTION 37.39.

Section 66-5-503 NMSA 1978 (being Laws 2003, u [ Chapter 239, Section 3, as amended) is recompiled as Section 66-14-34.225549.3 - 55 - HCPAC/HB 470 66-14-44 NMSA 1978 and is amended to read:

"66-14-34."66-14-44.

A person whose driving privilege or driver's license has been revoked or denied or who has not met the e t 17 ignition interlock license requirement as a condition of w l n d 18 reinstatement pursuant to Section 66-5-33.1 NMSA 1978 may apply = = 19 a l for an ignition interlock license from the [division] i a e r 20 department.

a t m m 21 B.

An applicant for an ignition interlock license d r e 22 shall:

c e s k 23 (1) provide proof of installation of the e a n b 24 ignition interlock device by [a traffic safety bureau-approved] u [ an ignition interlock installer approved by the bureau on any .225060.2 - 51 - vehicle the applicant drives;

(a) operation by the applicant of any e t 17 vehicle that is not equipped with an ignition interlock device w l n d 18 is subject to penalties for driving with a revoked license;

= = 19 (b) tampering or interfering with the a l i a e r 20 proper and intended operation of an ignition interlock device a t m m 21 may subject the applicant to penalties for driving with a d r e 22 license that was revoked for driving under the influence of c e s k 23 intoxicating liquor or drugs or a violation of the Implied e a n b 24 Consent Act;

and u [ (c) the applicant shall maintain the .225549.3 - 56 - HCPAC/HB 470 ignition interlock device and keep up-to-date records in the motor vehicle showing required service and calibrations and be able to provide the records upon request.

A person who has been convicted of homicide by e t 17 vehicle or great bodily harm by vehicle while under the w l n d 18 influence of intoxicating liquor or drugs, as provided in = = 19 a l Section [66-8-101] 66-14-1366-14-14 NMSA 1978, shall not be issued an i a e r 20 ignition interlock license unless the person has completed a t m m 21 serving the sentence for that crime, including any period of d r e 22 probation and parole." c e s k 23 SECTION 38.40.

Section 66-5-504 NMSA 1978 (being Laws 2003, e a n b 24 Chapter 239, Section 4, as amended) is recompiled as Section u66-14-45 [ 66-14-35 NMSA 1978 and is amended to read:

.225060.2"66-14-45. - 52 - "66-14-35.

A person who is issued an ignition interlock license and operates a vehicle that is not equipped with an e t 17 ignition interlock device is driving with a license that was w l n d 18 revoked for driving under the influence of intoxicating liquor = = 19 or drugs or a violation of the Implied Consent Act and may be a l i a e r 20 subject to the penalties provided in Section 66-5-39 NMSA 1978.

a t m m 21 B.

A person who is issued an ignition interlock d r e 22 license and who knowingly and deliberately tampers or c e s k 23 interferes with or causes another to tamper or interfere with e a n b 24 the proper and intended operation of an ignition interlock u [ device may be subject to the penalties for driving with a .225549.3 - 57 - HCPAC/HB 470 license that was revoked for driving under the influence of intoxicating liquor or drugs or a violation of the Implied Consent Act as provided in Section 66-5-39 NMSA 1978." SECTION 39.41.

Section 66-8-102.3 NMSA 1978 (being Laws e t 17 2002, Chapter 82, Section 2, as amended) is recompiled as w l n d 18 Section 66-14-3666-14-46 NMSA 1978 and is amended to read:

="66-14-46. = 19 a l "66-14-36.

IMPOSING A FEE--INTERLOCK DEVICE FUND i a e r 20 CREATED.-- a t m m 21 A.

A fee is imposed on a person convicted of d r e 22 driving under the influence of intoxicating liquor or drugs in c e s k 23 violation of [Section 66-8-102 NMSA 1978] the DWI Act or e a n b 24 adjudicated as a delinquent on the basis of Subparagraph (a) of u [ Paragraph (1) of Subsection A of Section 32A-2-3 NMSA 1978 or a .225060.2 - 53 - person whose driver's license is revoked pursuant to the provisions of the Implied Consent Act, in an amount determined by rule of the [traffic safety] bureau [of the department of e t 17 transportation] not to exceed one hundred dollars ($100) but w l n d 18 not less than fifty dollars ($50.00) for each year the person = = 19 is required to operate only vehicles equipped with an ignition a l i a e r 20 interlock device in order to ensure the solvency of the a t m m 21 interlock device fund.

The fee shall not be imposed on an d r e 22 indigent person.

c e s k 23 B.

The "interlock device fund" is created in the e a n b 24 state treasury.

The fee imposed pursuant to Subsection A of u [ this section shall be collected by the [motor vehicle division .225549.3 - 58 - HCPAC/HB 470 of the taxation and revenue] department and deposited in the interlock device fund.

All money in the interlock device fund is appropriated to the [traffic safety] bureau [of the department e t 17 of transportation] to cover part of the costs of installing, w l n d 18 removing and leasing ignition interlock devices for indigent = = 19 a l people who are required, pursuant to convictions [under Section i a e r 20 66-8-102 NMSA 1978] for violations of the DWI Act or a t m m 21 adjudications on the basis of Subparagraph (a) of Paragraph (1) d r e 22 of Subsection A of Section 32A-2-3 NMSA 1978 or driver's c e s k 23 license revocations pursuant to the provisions of the Implied e a n b 24 Consent Act or as a condition of parole, to install those u [ devices in their vehicles.

Provided that money is available in .225060.2 - 54 - the interlock device fund, the [traffic safety] bureau shall pay, for one vehicle per offender, up to fifty dollars ($50.00) for the cost of installation, up to fifty dollars ($50.00) for e t 17 the cost of removal and up to thirty dollars ($30.00) monthly w l n d 18 for verified active usage of the interlock device.

The = = 19 [traffic safety] bureau shall not pay any amount above what an a l i a e r 20 offender would be required to pay for the installation, removal a t m m 21 or usage of an interlock device.

d r e 22 D.

Indigency shall be determined by the [traffic c e s k 23 safety] bureau based on proof of enrollment in one or more of e a n b 24 the following types of public assistance:

u [ (1) temporary assistance for needy families;

.225549.3 - 59 - HCPAC/HB 470 (2) general assistance;

e t 17 (5) the federal food distribution program on w l n d 18 Indian reservations;

or = = 19 a l (6) other criteria approved by the [traffic i a e r 20 safety] bureau.

a t m m 21 E.

Any balance remaining in the interlock device d r e 22 fund shall not revert to the general fund at the end of any c e s k 23 fiscal year.

e a n b 24 F.

The interlock device fund shall be administered u [ by the [traffic safety] bureau [of the department of .225060.2 - 55 - transportation].

No more than ten percent of the money in the interlock device fund in any fiscal year shall be expended by the [traffic safety] bureau [of the department of e t 17 transportation] for the purpose of administering the fund." w l n d 18 SECTION 40.42.

TEMPORARY PROVISION.--The New Mexico = = 19 compilation commission shall name Chapter 66, Article 14 NMSA a l i a e r 20 1978 "Intoxication and Impairment".

a t m m 21 SECTION 41.43.

REPEAL.--Sections 66-8-102, 66-8-103 and d r e 22 66-8-104 NMSA 1978 (being Laws 1953, Chapter 139, Section 54, c e s k 23 Laws 1967, Chapter 160, Section 1 and Laws 1978, Chapter 35, e a n b 24 Section 512, as amended) are repealed.

u [ SECTION 42.44.

EFFECTIVE DATE.--The effective date of the .225549.3 - 60 - HCPAC/HB 470 provisions of this act is JulyJanuary 1, 2023.2024.

- 5661 - 4 6 8 10 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .225060.2.225549.3