SB 190 — DWI ACT

"controlledb substance"r meanse anyt substanceº do rt en 22= defined.226430.4AIC inJanuary Section30, 30-31-22024 NMSA(3:01pm) 1978s ask m e - 4 - e a controlledn substance;e d r e l u [ A d L.

c"controlled esubstance" smeans kany 23substance M.defined in Section 30-31-2 NMSA 1978 as a controlled substance;

"converterM. gear" means any assemblage of one or e a n b 24 more axles with a fifth wheel mounted thereon, designed for use u [ in a combination to support the front end of a semitrailer but .228045.3 - 4 - SJC/SB 190 not permanently attached thereto.

"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.

h (c) an unvacated forfeiture of bail or g o t hr collateral deposited to secure a person's appearance in court;

g e i k or h r i s (d) the promise to mail a payment on a h , t, penalty assessment;

and e tu 17g e b l e e h (2) does not include a conditional discharge w l n d 18d i = = o h as provided in Section 31-20-13 NMSA 1978 or a deferred =l =] 19b ,d i a º e sentence when the terms of the deferred sentence are met;

ar l i a= r t e rw 20d m a n o O.

ad t m m: 21 (1) that part of a roadway at an intersection d r e 22 included within the connections of the lateral lines of the c e s k 23 sidewalks on opposite sides of the highway measured from the e a n b 24 curbs or, in the absence of curbs, from the edges of the u [ traversable roadway;

andb .228045.3e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 5 - SJC/SBe 190a (2)n anye portiond r e l u [ A d (1) that part of a roadway at an intersection orincluded elsewherewithin distinctlythe indicatedconnections forof pedestrianthe crossinglateral by lines orof otherthe markingssidewalks on opposite sides of the surface;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;

"mail" means any item properly addressed with postage prepaid delivered by the United States postal service h or any other public or private enterprise primarily engaged in g o t hr the transport and delivery of letters, packages and other g e i k parcels;

h r i s B.

"manufactured home" means a movable or portable h , t, housing structure that exceeds either a width of eight feet or e tu 17g e b l e e h a length of forty feet, constructed to be towed on its own w l n d 18d i = = o h chassis and designed to be installed with or without a =l =] 19b ,d i a º e permanent foundation for human occupancy;

ar l i a= r t e rw 20d m a n o C.

"manufacturer" means every person engaged in the ad t m m: 21 business of constructing or assembling vehicles of a type d r e 22 required to be registered under the Motor Vehicle Code;

cb e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m D.e - 6 - e a n e d r e l u [ A d business of constructing or assembling vehicles of a type required to be registered under the Motor Vehicle Code;

"manufacturer'sD. certificate of origin" means a e a n b 24 certification, on a form supplied by or approved by the u [ department, signed by the manufacturer that the new vehicle or .228045.3 - 6 - SJC/SB 190 boat described in the certificate has been transferred to the New Mexico dealer or distributor named in the certificate or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States and that such transfer is the first transfer of the vehicle or boat in ordinary trade and commerce;

"manufacturer's certificate of origin" means a certification, on a form supplied by or approved by the department, signed by the manufacturer that the new vehicle or boat described in the certificate has been transferred to the New Mexico dealer or distributor named in the certificate or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States and that such transfer is the first transfer of the vehicle or boat in ordinary trade and commerce;

h F.

"motorboat" means any boat, personal watercraft u » r or other type of vessel propelled by machinery, whether or not t h g e l i machinery is the principal source of propulsion.

"Motorboat" h r i s includes a vessel propelled or designed to be propelled by a h , e h sail, but does not include a sailboard or a windsurf board.

t u g e tb 17l e e , gh "Motorboat" does not include a houseboat or any other vessel w l n d 18d i = = o h that is moored on the water, but not moving on the water;

=l =] 19b ,d i a º r [F.] G.

"motorcycle" means every motor vehicle ae lr i= at e rw 20d m a n o having a seat or saddle for the use of the rider and designed ad t m m: 21 to travel on not more than three wheels in contact with the d r e 22 ground, including autocycles and excluding a tractor;

cb r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m [G.]e H.- 7 - e a n e d r e l u [ A d to travel on not more than three wheels in contact with the ground, including autocycles and excluding a tractor;

"motor[G. home" means a camping body built on e a n b 24 a self-propelled motor vehicle chassis so designed that seating u [ for driver and passengers is within the body itself;

.228045.3] -H. 7 - SJC/SB 190 [H.] I.

"motor home" means a camping body built on a self-propelled motor vehicle chassis so designed that seating for driver and passengers is within the body itself;

[H.

] I.

and [I.][I. J.

"motor] vehicleJ. insurance policy" means a policy of vehicle insurance that covers self-propelled vehicles of a kind required to be registered pursuant to New Mexico law for use on the public streets and highways.

A "motor vehicle insurance policy":policy" means a policy of vehicle insurance that covers self-propelled vehicles of a kind required to be registered pursuant to New Mexico law h for use on the public streets and highways.

(1)A shall"motor include:vehicle g o t hr insurance policy":

(a)g motor vehicle bodily injury and property damage liability coverages in compliance with the e ti 17k Mandatory(1) Financialshall Responsibilityinclude: Act;

andh wr li ns d(a) 18motor (b)vehicle uninsuredbodily motoristinjury coverage,and subjecth =, =t, 19property todamage theliability provisionscoverages ofin Sectioncompliance 66-5-301with NMSAthe 1978e permittingu theg ae b l ie a e rh 20Mandatory insuredFinancial toResponsibility rejectAct; such coverage;

and n d d i = = o h (b) uninsured motorist coverage, subject l ] b ,d i a º e to the provisions of Section 66-5-301 NMSA 1978 permitting the r i = r t me w d m 21a (2)n mayo include:insured to reject such coverage;

and d rm e: 22 (a) physical damage coverage;

cb e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m (b)e medical- payments8 coverage;- e a n e d r e l u [ A d (2) may include:

and(a) ephysical adamage ncoverage; b 24 (c) other coverages that the insured and u [ the insurer agree to include within the policy." .228045.3 - 8 - SJC/SB 190 SECTION 4.

(b) medical payments coverage;

and (c) other coverages that the insured and the insurer agree to include within the policy." SECTION 4.

(2) while under the influence of intoxicating liquor or drugs as provided by Section [66-8-102][66-8-102 ] 66-14-2 or 66-14-3 NMSA 1978;

h (3) while in pursuit of and with intent to g o t hr hunt or take a species of animal or bird protected by law g e i k unless otherwise authorized by the state game commission;

h r i s (4) in pursuit of or harassment of livestock h , t, in any manner that negatively affects the livestock's e tu 17g e b l e e h condition;

w l n d 18d i = = o h (5) on or within an earthen tank or other =l =] 19b ,d i a º e structure meant to water livestock or wildlife, unless the ar l i a= r t e rw 20d m a n o off-highway motor vehicle is on a route designated by the ad t m m: 21 landowner or land management agency as an off-highway motor d r e 22 vehicle route;

cb e d s kº 23o (6)t inn a= manner.226430.4AIC thatJanuary has30, a2024 direct(3:01pm) negatives k m e - 9 - e a n be 24d effectr one l u [ A d landowner or interferesland withmanagement personsagency engagedas inan agriculturaloff-highway umotor [vehicle practices;route;

.228045.3(6) - 9 - SJC/SB 190 (7) in excessa ofmanner tenthat mileshas per hour within two hundred feet of a business,direct animalnegative shelter,effect horsebackon rider, bicyclist, pedestrian, livestock or occupiedinterferes dwelling,with unlesspersons theengaged personin operatesagricultural thepractices; vehicle on a closed course or track or a public roadway;

(7) in excess of ten miles per hour within two hundred feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling, unless the person operates the vehicle on a closed course or track or a public roadway;

(10) when conditions such as darkness limit h visibility to five hundred feet or less, unless the vehicle is g o t hr equipped with:

g e i k (a) one or more headlights of sufficient h r i s candlepower to light objects at a distance of one hundred fifty h , t, feet;

and e tu 17g e b l e e h (b) at least one taillight of sufficient w l n d 18d i = = o h intensity to exhibit a red or amber light at a distance of two =l =] 19b ,d i a º e hundred feet under normal atmospheric conditions;

ar l i a= r t e rw 20d m a n o (11) that produces noise that exceeds ninety- ad t m m: 21 six decibels when measured using test procedures established by d r e 22 the society of automotive engineers pursuant to standard c e s k 23 J-1287;

orb e ad s º o t n b= 24.226430.4AIC (12)January where30, off-highway2024 motor(3:01pm) vehicles traffick m e - 10 - e a n e d r e l u [ isA prohibitedd undersix local,decibels statewhen ormeasured federalusing rulestest orprocedures .228045.3established -by 10the -society SJC/SBof 190automotive regulations.engineers pursuant to standard J-1287;

or (12) where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations.

A person under the age of eighteen but at least h ten years of age shall not operate an off-highway motor vehicle g o t hr unless the person is visually supervised at all times by a g e i k parent, legal guardian or a person over the age of eighteen who h r i s has a valid driver's license.

This subsection shall not apply h , t, to a person who is at least:

e tu 17g e b l e e h (1) thirteen years of age and has a valid w l n d 18d i = = o h motorcycle license and off-highway motor vehicle safety permit;

=l =] 19b or,d a l i a º e or r 20i (2)= fifteenr yearst ofe agew andd hasm a validn ao t(2) mfifteen myears 21of driver'sage license,and instructionalhas permita orvalid provisional license d rm e: 22 and off-highway motor vehicle safety permit.

cb e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m D.e - 11 - e a n e d r e l u [ A d driver's license, instructional permit or provisional license and off-highway motor vehicle safety permit.

AD. person under the age of ten shall not operate e a n b 24 an off-highway motor vehicle unless:

uA [person (1)under the all-terrainage vehicleof orten recreationalshall .228045.3not -operate 11an - SJC/SB 190 off-highway vehiclemotor is an age-appropriate size-fit vehicle establishedunless: by rule of the department;

(1) the all-terrain vehicle or recreational off-highway vehicle is an age-appropriate size-fit vehicle established by rule of the department;

This subsection shall not apply to an off- highway motor vehicle that is sold or offered for sale only for h organized competition." g o t hr SECTION 5.

Section 66-5-1.1 NMSA 1978 (being Laws 1999, g e i k Chapter 175, Section 1, as amended) is amended to read:

h r i s "66-5-1.1.

DEFINITION.--As used in Sections 66-5-8 and h , t, 66-5-9 NMSA 1978, "traffic violation" means:

e tu 17g e b l e e h A.

failure to obey traffic-control devices, as w l n d 18d i = = o h provided in Section 66-7-104 NMSA 1978;

=l =] 19b ,d i a º e B.

failure to obey traffic-control signals, as ar l i a= r t e rw 20d m a n o provided in Section 66-7-105 NMSA 1978;

ad t m m: 21 C.

speeding,b ase providedd ins Sectionº 66-7-301o NMSAt n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 12 - e a n e d r e 22l 1978;u [ A d C.

cspeeding, eas sprovided kin 23Section D.66-7-301 NMSA 1978;

failureD. to yield, as provided in Sections e a n b 24 66-7-328 through 66-7-332.1 NMSA 1978;

ufailure [to E.yield, as provided in Sections 66-7-328 through 66-7-332.1 NMSA 1978;

childE. not in restraint device or seat belt, as .228045.3 - 12 - SJC/SB 190 provided in Section 66-7-369 NMSA 1978;

child not in restraint device or seat belt, as provided in Section 66-7-369 NMSA 1978;

homicide by vehicle, as provided in Section [66-8-101] 66-14-1466-14-15 NMSA 1978;

injury to pregnant [woman][woman ] person by vehicle, as provided in Section [66-8-101.1][66-8-101.1 66-14-13] 66-14-14 NMSA 1978;

driving while under the influence of intoxicating liquor or drugs, as provided in Section [66-8-102][66-8-102 ] 66-14-2 or 66-14-3 NMSA 1978;

refusal to submit to chemical tests, as provided h in Section [66-8-111][66-8-111 ] 66-14-47 NMSA 1978;

g o t hr K.

reckless driving, as provided in Section g e i k 66-8-113 NMSA 1978;

h r i s L.

careless driving, as provided in Section h , t, 66-8-114 NMSA 1978;

e tu 17g e b l e e h M.

racing on highways, as provided in Section w l n d 18d i = = o h 66-8-115 NMSA 1978;

=l =] 19b ,d i a º e N.

using a mobile communication device while ar l i a= r t e rw 20d m a n o driving a motor vehicle, unless the driver holds a valid ad t m m: 21 amateur radio operator license issued by the federal d r e 22 communications commission and is operating an amateur radio.

cb e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m Ase used- in13 this- subsection:e a n e d r e l u [ A d amateur radio operator license issued by the federal communications commission and is operating an amateur radio.

eAs aused n b 24 (1) "driving" means being in actualthis physicalsubsection: u [ control of a motor vehicle on a highway or street, except that .228045.3 - 13 - SJC/SB 190 "driving" does not include being lawfully parked;

(1) "driving" means being in actual physical control of a motor vehicle on a highway or street, except that "driving" does not include being lawfully parked;

DEFINITION--TRIBE.--As used in Sections 66-5-25, 66-5-26 and 66-5-30 [and 66-8-102] NMSA 1978, "tribe" h or "tribal" means an Indian nation, tribe or pueblo that is g o t hr located wholly or partially in New Mexico and that has executed g e i k an intergovernmental agreement with the state pursuant to h r i s Section 66-5-27.1 NMSA 1978." h , t, SECTION 7.

Section 66-5-29 NMSA 1978 (being Laws 1978, e tu 17g e b l e e h Chapter 35, Section 251, as amended) is amended to read:

w l n d 18d i = = o h "66-5-29.

MANDATORY REVOCATION OF LICENSE BY DIVISION.-- =l =] 19b ,d i a lº e A.

The division shall immediately revoke the r i a= e r 20t drivinge privilegew ord driver's license of a driver upon a t m m 21 receiving a recordn ofo thedriving driver'sprivilege adjudication as a delinquent d r e 22 for or convictiondriver's oflicense any of the following offenses, whether the c e s k 23 offense is under any state law or local ordinance, when the e a ndriver bupon 24d convictionm or: adjudication has become final:

ub [e (1)d manslaughters orº negligento homicidet .228045.3n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 14 - SJC/SBe 190a resultingn frome thed operationr e l u [ A d receiving a record of the driver's adjudication as a motordelinquent vehicle;for or conviction of any of the following offenses, whether the offense is under any state law or local ordinance, when the conviction or adjudication has become final:

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

(6) perjury or the making of a false affidavit h or statement under oath to the division under the Motor Vehicle g o t hr Code or under any other law relating to the ownership or g e i k operation of motor vehicles;

or h r i s (7) conviction or forfeiture of bail not h , t, vacated upon three charges of reckless driving committed within e tu 17g e b l e e h a period of twelve months.

w l n d 18d i = = o h B.

Except as provided in the Ignition Interlock =l =] 19b ,d i a º e Licensing Act and in Subsection C, D, E or F of this section, a ar l i a= r t e rw 20d m a n o person whose driving privilege or driver's license has been ad t m m: 21 revoked under this section shall not be entitled to apply for d r e 22 or receive a new license until one year from the date that the c e s k 23 conviction is final and all rights to an appeal have been e a n b 24 exhausted.

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 15 - e a n e d r e l u [ C.A d revoked under this section shall not be entitled to apply for or receive a new license until one year from the date that the conviction is final and all rights to an appeal have been exhausted.

AC. person who upon adjudication as a delinquent .228045.3 - 15 - SJC/SB 190 for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978 is subject to revocation of the driving privilege or driver's license under this section for an offense pursuant to which the person was also subject to revocation of the driving privilege or driver's license pursuant to Section [66-8-111] 66-14-47 NMSA 1978 shall have the person's driving privilege or driver's license revoked for that offense for a combined period of time equal to:

A person who upon adjudication as a delinquent for driving while under the influence of intoxicating liquor or drugs or a conviction pursuant to Section [66-8-102 ] 66-14-2 or 66-14-3 NMSA 1978 is subject to revocation of the driving privilege or driver's license under this section for an offense pursuant to which the person was also subject to revocation of the driving privilege or driver's license pursuant to Section [66-8-111] 66-14-47 NMSA 1978 shall have the person's driving privilege or driver's license revoked for that offense for a combined period of time equal to:

h (a) two years for a second conviction;

g o t hr (b) three years for a third conviction;

g e i k or h r i s (c) the remainder of the offender's life h , t, for a fourth or subsequent conviction, subject to a five-year e tu 17g e b l e e h review, as provided in Sections 66-5-5 and [66-8-102][66-8-102 ] 66-14-50 w l n d 18d i = = o h NMSA 1978.

=l =] 19b ,d i a º e D.

The division shall apply the license revocation ar l i a= e r 20 provisions of Subsection C of this section and the provisions a t me mw 21 of Subsection D of Section 66-5-5 NMSA 1978 to a person who was d rm e 22 three or more times convicted of driving a motorn vehicleo underprovisions c e s k 23 the influence of intoxicatingSubsection liquorC or drugs and who has a e a n b 24 driver's license revocation pursuant to the law in effect prior u [ to June 17, 2005, upon the request of thethis personsection and if the .228045.3provisions -d 16m -: SJC/SB 190 person has had an ignition interlock license for three years or more and has proof from the ignition interlock vendor of no violations of the ignition interlock device in the previous six months.

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 16 - e a n e d r e l u [ A d of Subsection D of Section 66-5-5 NMSA 1978 to a person who was three or more times convicted of driving a motor vehicle under the influence of intoxicating liquor or drugs and who has a driver's license revocation pursuant to the law in effect prior to June 17, 2005, upon the request of the person and if the person has had an ignition interlock license for three years or more and has proof from the ignition interlock vendor of no violations of the ignition interlock device in the previous six months.

Upon receipt from a district court of a record of conviction for the offense of shooting at or from a motor h vehicle pursuant to Subsection B of Section 30-3-8 NMSA 1978 or u » r of a conviction for a conspiracy or an attempt to commit that t h g e l i offense, the division shall revoke the driver's license or h r i s driving privileges of the convicted person.

A person whose h , e h driver's license or driving privilege has been revoked pursuant t u g e tb 17l e e , gh to the provisions of this subsection shall not be entitled to w l n d 18d i = = o h apply for or receive any new driver's license or driving =l =] 19b ,d i a º r privilege until one year from the date that the conviction is ae lr i= at e rw 20d m a n o final and all rights to an appeal have been exhausted." ad t m m: 21 SECTION 8.

Sectionb 66-5-33.1r NMSAe 1978t (beingº Lawso 1985,t dn r= .226430.4AIC January 30, 2024 (3:01pm) s k m e 22- Chapter17 47,- Sectione 1,a asn amended)e isd amendedr toe read:l u [ A d SECTION 8.

cSection e66-5-33.1 sNMSA k1978 23(being "66-5-33.1.Laws 1985, Chapter 47, Section 1, as amended) is amended to read:

REINSTATEMENT"66-5-33.1. OF DRIVER'S LICENSE OR e a n b 24 REGISTRATION--IGNITION INTERLOCK [FEE].-- u [ A.

WheneverREINSTATEMENT aOF driver'sDRIVER'S licenseLICENSE orOR registrationREGISTRATION--IGNITION isINTERLOCK .228045.3[FEE].-- -A. 17 - SJC/SB 190 suspended or revoked and an application has been made for its reinstatement, compliance with all appropriate provisions of the Motor Vehicle Code and [the payment of a fee of twenty-five dollars ($25.00)] is a prerequisite to the reinstatement of any license or registration.

Whenever a driver's license or registration is suspended or revoked and an application has been made for its reinstatement, compliance with all appropriate provisions of the Motor Vehicle Code and [the payment of a fee of twenty-five dollars ($25.00)] is a prerequisite to the reinstatement of any license or registration.

If a driver's license was revoked for driving while under the influence of intoxicating liquor or drugs pursuant to Section 66-14-2 or 66-14-3 NMSA 1978,1978 , for aggravated driving while under the influence of intoxicating liquor or drugs pursuant to Section 66-14-2 or 66-14-3 NMSA 1978 or pursuant to the Implied Consent Act, the following are h required to reinstate the driver's license:

g o t hr [(1) an additional fee of seventy-five dollars g e i k ($75.00);

h r i s (2)] (1) completion of the license revocation h , t, period;

e tu 17g e b l e e h [(3)] (2) satisfaction of any court-ordered w l n d 18d i = = o h ignition interlock requirements;

=l =] 19b ,d i a º e [(4)] (3) a minimum of six months of driving ar l i a= r t e rw 20d m a n o with an ignition interlock license with no attempts to ad t m m: 21 circumvent, remove or tamper with the ignition interlock d r e 22 device;

cb e d s kº 23o [(5)]t (4)n evidence= that.226430.4AIC theJanuary ignition30, interlock2024 (3:01pm) s k m e - 18 - e a n be 24d devicer hase notl recordedu two[ vehicleA lockouts;d circumvent, remove or tamper with the ignition interlock device;

and[(5)] u(4) [ [(6)] (5) evidence ofthat verifiedthe activeignition usageinterlock asdevice .228045.3has -not 18recorded -two SJC/SBvehicle 190lockouts; that phrase is defined by the bureau.

and [(6)] (5) evidence of verified active usage as that phrase is defined by the bureau.

and (2) satisfactory proof is presented to the h department that the person is no longer a resident of New g o t hr Mexico.

[and g e i k (3) the license reinstatement fee is paid.

h r i s E.

Fees collected pursuant to Subsection B of this h , t, section are appropriated to the local governments road fund.

e tu 17g e b l e e h The department shall maintain an accounting of the fees w l n d 18d i = = o h collected and shall report that amount upon request to the =l =] 19b ,d i a º e legislature.

ar l i a= r t e rw 20d m a n o F.] E.

For the purposes of this section, "vehicle ad t m m: 21 lockout" means a driver has failed:

b e d rs eº 22o (1)t an breath= test.226430.4AIC sixJanuary times30, within2024 (3:01pm) s k m e - 19 - e a periodn ofe cd r e sl ku 23[ threeA hours;d lockout" means a driver has failed:

or(1) e a n b 24 (2) initial breath teststest orsix random breath re- u [ tests ten times within a period of thirtythree days."hours; .228045.3 - 19 - SJC/SB 190 SECTION 9.

or (2) initial breath tests or random breath re- tests ten times within a period of thirty days." SECTION 9.

Upon suspension or revocation of a person's driving privilege or driver's license following conviction or adjudication as a delinquent under any law, ordinance or rule relating to motor vehicles, the person may apply to the department for a driver's license, provisional license or instruction permit to drive, limited to use allowing the person to engage in gainful employment, to attend school or to attend h a court-ordered treatment program, except that the person shall u » r not be eligible to apply:

t h g e l i (1) for a limited commercial driver's license h r i s or an ignition interlock license in lieu of a revoked or h , e h suspended commercial driver's license;

t u g e tb 17l e e , gh (2) for a limited license when the person's w l n d 18d i = = o h driver's license was revoked pursuant to the provisions of the =l =] 19b ,d i a º r Implied Consent Act, except as provided in the Ignition ae lr i= at e rw 20d m a n o Interlock Licensing Act;

ad t m m: 21 (3) for a limited license when the person's d r e 22 driver's license was revoked pursuant to the provisions of c e s k 23 Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978, except as e a n b 24 provided in the Ignition Interlock Licensing Act;

ub [r (4)e fort aº limitedo licenset whenn the= person's.226430.4AIC .228045.3January 30, 2024 (3:01pm) s k m e - 20 - SJC/SBe 190a n e d r e l u [ A d (3) for a limited license when the person's driver's license iswas deniedrevoked pursuant to the provisions of SubsectionSection D[66-8-102 of] Section66-14-2 66-5-5or 66-14-3 NMSA 1978, except as provided in the Ignition Interlock Licensing Act;

or(4) (5) for a limited license when the person's driver's license wasis revokeddenied pursuant to a conviction for committing homicide by vehicle, great bodily harm by vehicle or homicide by vehicle or great bodily harm by vehicle while under the influenceprovisions of intoxicatingSubsection liquorD orof drugs, as provided in Section [66-8-101]66-5-5 66-14-14 NMSA 1978, except as provided in the Ignition Interlock Licensing Act.Act;

or (5) for a limited license when the person's driver's license was revoked pursuant to a conviction for committing homicide by vehicle, great bodily harm by vehicle or homicide by vehicle or great bodily harm by vehicle while under the influence of intoxicating liquor or drugs, as provided in Section [66-8-101 ] 66-14-15 NMSA 1978, except as provided in the Ignition Interlock Licensing Act.

Upon receipt of a fully completed application h that complies with statutes and rules for a limited license or u » r an ignition interlock license and payment of the fee specified t h g e l i in this subsection, the department shall issue a limited h r i s license, ignition interlock license or permit to the applicant h , e h showing the limitations specified in the approved application.

t u g e tb 17l e e , gh For each limited license, ignition interlock license or permit w l n d 18d i = = o h to drive, the applicant shall pay to the department a fee of =l =] 19b ,d i a º r forty-five dollars ($45.00), which shall be transferred to the ae lr i= at e rw 20d m a n o department of transportation.

All money collected under this ad t m m: 21 subsection shall be used for DWI prevention and education d r e 22 programs for elementary and secondary school students.

Theb cr e st kº 23o departmentt ofn transportation= shall.226430.4AIC coordinateJanuary with30, the2024 (3:01pm) s k m e - 21 - e a n be 24d departmentr ofe healthl tou ensure[ thatA thered issubsection noshall programbe uused [for duplication.DWI prevention and education programs for elementary and secondary school students.

The limiteddepartment licenseof ortransportation permitshall tocoordinate drivewith maythe bedepartment .228045.3of -health 21to -ensure SJC/SBthat 190there suspendedis asno providedprogram induplication. Section 66-5-30 NMSA 1978." SECTION 10.

The limited license or permit to drive may be suspended as provided in Section 66-5-30 NMSA 1978." SECTION 10.

and (2) trade, traffic or transportation in the h United States that affects any trade, traffic or transportation g o t hr described in Paragraph (1) of this subsection;

g e i k B.

"commercial driver's license holder" means an h r i s individual to whom a license has been issued by a state or h , t, other jurisdiction, in accordance with the standards found in e tu 17g e b l e e h 49 CFR Part 383, as amended or renumbered, that authorizes the w l n d 18d i = = o h individual to operate a commercial motor vehicle;

=l =] 19b ,d i a º e C.

"commercial driver's license information system" ar l i a= r t e rw 20d m a n o means the information system created pursuant to the federal ad t m m: 21 Commercial Motor Vehicle Safety Act of 1986 that contains d r e 22 information pertaining to operators of commercial motor c e s k 23 vehicles;

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 22 - e a n be 24d D.r e l u [ A d Commercial Motor Vehicle Safety Act of 1986 that contains information pertaining to operators of commercial motor vehicles;

"commercial[D. motor vehicle" means a motor vehicle u [ or combination of motor vehicles used in commerce to transport .228045.3 - 22 - SJC/SB 190 passengers or property if the motor vehicle [(1) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;

"commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

(1) has a gross combination weight rating of more than twenty-six thousand pounds inclusive of a towed unit with a gross vehicle weight rating of more than ten thousand pounds;

or (4) is of any size and is used in the transportation of hazardous materials, as provided in 49 CFR h Part 383.5]383.5; is a:

(1)g combinationo vehicle, known as Group A, having a gross combination weight rating or gross combination weight of eleven thousand seven hundred ninety-four kilograms or twenty-six thousand one pounds or more, whichever is e t 17hr greater,E.] inclusiveD. of a towed unit with a gross vehicle weight w l n d 18 rating or gross vehicle weight of more than four thousand five = = 19 hundred thirty-six kilograms or ten thousand pounds, whichever a l i a e r 20 is greater;

a t m m 21 (2) heavy straight vehicle, known as Group B, d r e 22 having a gross vehicle weight rating or gross vehicle weight of c e s k 23 eleven thousand seven hundred ninety-four kilograms or e a n b 24 twenty-six thousand one pounds or more, whichever is greater;

u [ or .228045.3 - 23 - SJC/SB 190 (3) small vehicle, known as Group C, that does not meet Group A or B requirements but that either is:

(a) designed to transport sixteen or more passengers, including the driver;

or (b) of any size and is used in the transportation of hazardous materials as defined in 49 U.S.C.

5103 and is required to be placarded under Subpart F of 49 C.F.R.

part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R.

part 73;

E.

g e i k (1) an unvacated adjudication of guilt or a h r i s determination that a person has violated or failed to comply h , t, with the law by:

e u g e b l e e h (a) a court of original jurisdiction;

or n d d i = = o h (b) an authorized administrative l ] b ,d i a º e tribunal;

er ti 17= (2)r ant unvacatede forfeiturew ofd bailm ora w l n do 18(2) collateralan depositedunvacated toforfeiture secureof abail person'sor appearanced inm court;:

=b e d s º o t n = 19.226430.4AIC (3)January a30, plea2024 of(3:01pm) guiltys ork nolom contenderee a- l23 i- e a n e d r 20e acceptedl byu the[ A d collateral deposited to secure a person's appearance in court;

(3) a tplea mof mguilty 21or (4)nolo thecontendere paymentaccepted ofby athe finecourt; or court cost;

d(4) r e 22 (5) a violation of a condition of release c e s k 23 without bail, regardless of whether the payment isof rebated, e a nfine b 24 suspended or probated;court cost;

u(5) [a (6)violation anof assignmenta tocondition aof diversionrelease programwithout orbail, aregardless .228045.3of -whether 24the -payment SJC/SBis 190rebated, driversuspended improvementor school;probated;

(6) an assignment to a diversion program or a driver improvement school;

F.[F.

] E.

G.[G.

] F.

(1) a suspension, revocation or cancellation of a commercial driver's license by the state or jurisdiction h that issued the commercial driver's license;

g o t hr (2) a withdrawal of a person's privileges to g e i k drive a commercial motor vehicle by a state or other h r i s jurisdiction as the result of a violation of state or local law h , t, relating to motor vehicle control other than a parking, vehicle e u g e b l e e h weight or vehicle defect violation;

and n d d i = = o h (3) a determination by the federal motor l ] b ,d i a º e carrier safety administration that a person is not qualified to er i = r t 17e w d m a n o operate a motor vehicle;

w l n d 18m H.:

"division"b meanse thed motors vehicleº divisiono oft =n = 19.226430.4AIC theJanuary department;30, 2024 (3:01pm) s k m e - 24 - e a n e d r e l u [ A d [H.] G.

a"division" lmeans ithe amotor evehicle rdivision 20of I.the department;

"driving[I. a commercial motor vehicle while under a t m m 21 the influence of alcohol" means:

d] rH. e 22 (1) driving a commercial motor vehicle while c e s k 23 the driver has an alcohol concentration in the driver's blood e a n b 24 or breath of four one hundredths or more;

u"driving [ (2) driving a commercial motor vehicle while .228045.3 - 25 - SJC/SB 190 the driver is under the influence of intoxicatingalcohol" liquor;means:

or(1) (3)driving refusala tocommercial submitmotor tovehicle chemicalwhile teststhe administereddriver pursuanthas toan Sectionalcohol [66-8-107]concentration 66-14-42in NMSAthe 1978;driver's blood or breath of four one hundredths or more;

J.(2) driving a commercial motor vehicle while the driver is under the influence of intoxicating liquor;

or (3) refusal to submit to chemical tests administered pursuant to Section [66-8-107 ] 66-14-42 NMSA 1978;

[J.

] I.

and independent owner-operator contractors, while in the course of operating a commercial motor vehicle, h who is either directly employed by or under lease to an g o t hr employer;

K.g e i k [K.

"employer"] meansJ. a person, including the United States, a state and a political subdivision of a state or their agencies or instrumentalities, that owns or leases a commercial motor vehicle or assigns employees to operate such a vehicle;

L."employer" means a person, including the h r i s United States, a state and a political subdivision of a state h , t, or their agencies or instrumentalities, that owns or leases a e u g e b l e e h commercial motor vehicle or assigns employees to operate such a n d d i = = o h vehicle;

"fatality"l means] theb death,d ofi a personº ase a[L. result of a motor vehicle accident;

M.] K.

"gross"fatality" combination weight rating" means the edeath tof 17a valueperson specifiedas bya ther manufactureri as= ther loadedt weighte ofw ad wm la n do 18result combinationof vehicle.a motor vehicle accident;

Ind the absence of a value specified by = = 19 the manufacturer, gross combination weight rating shall be a l i a e r 20 determined by adding the gross vehicle weight rating of the a t m m: 21 power unit and the total weight of the towed unit or units and d r e 22 any load thereon;

cb e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m N.e - 25 - e a n e d r e l u [ A d [M.] L.

"gross vehiclecombination weight rating" means the value e a n b 24 specified by the manufacturer as the loaded weight of a singlecombination uvehicle. [ vehicle;

.228045.3In -the 26absence -of SJC/SBa 190value O.specified by the manufacturer, gross combination weight rating shall be determined by adding the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load thereon;

"hazardous[N. materials" means any material that has been designated as hazardous under 49 U.S.C.

5130] andM. is required to be placarded under Subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73;

[O.]"gross P.vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle;

[O.

] N.

[P.]h Q.[P.

"noncommercial] motorO. vehicle" means a motor vehicle or combination of motor vehicles that is not a commercial motor vehicle;

[Q.]"noncommercial R.motor vehicle" means a motor g o t hr vehicle or combination of motor vehicles that is not a g e i k commercial motor vehicle;

"nonresidenth commercialr driver'si license"s means[Q. a commercial driver's license issued by another state to e t 17 a person domiciled in that state or by a foreign country to a w l n d 18 person domiciled in that country;

=] =P. 19 [R.] S.

"out-of-service"nonresident order"commercial meansdriver's alicense" declarationh a, lt, imeans a ecommercial rdriver's 20license issued by ananother authorizedstate enforcementto officere ofu ag federal,e state,b al te me mh 21a Canadian,person Mexicandomiciled orin local jurisdiction that astate driver,or by a dforeign rcountry eto 22 commercial motor vehicle or a motorn carrierd operationd isi c= e= so kh 23person temporarilydomiciled prohibitedin fromthat operating;country;

el a] n b 24,d [S.]i T.a º e [R.

"railroad-highway] gradeQ. crossing violation" u [ means a violation of a provision of Section 66-7-341 or .228045.3 - 27 - SJC/SB 190 66-7-343 NMSA 1978 or a violation of federal or local law, ordinance or rule pertaining to stopping at or crossing a railroad-highway grade crossing;

[T.]"out-of-service U.order" means a declaration r i = r t e w d m a n o by an authorized enforcement officer of a federal, state, d m :

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 26 - e a n e d r e l u [ A d Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle or a motor carrier operation is temporarily prohibited from operating;

[S.

] R.

"railroad-highway grade crossing violation" means a violation of a provision of Section 66-7-341 or 66-7-343 NMSA 1978 or a violation of federal or local law, ordinance or rule pertaining to stopping at or crossing a railroad-highway grade crossing;

[T.

] S.

h (3) homicide by vehicle, as defined in Section g o t hr [66-8-101] 66-14-1466-14-15 NMSA 1978;

g e i k (4) injury to pregnant [women][women ] person by h r i s vehicle as defined in Section [66-8-101.1][66-8-101.1 66-14-13] 66-14-14 NMSA 1978 h , t, or a municipal ordinance or the law of another state;

e tu 17g e b l e e h (5) any other violation of law relating to w l n d 18d i = = o h motor vehicle traffic control, other than a parking violation, =l =] 19b ,d i a º e that the secretary determines by regulation to be a serious ar l i a= r t e rw 20d m a n o traffic violation.

"Serious traffic violation" does not ad t m m: 21 include a vehicle weight or vehicle defect violation;

b e d rs º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e 22- (6)27 improper- ore erratica lanen changese ind cr e sl ku 23[ violationA ofd Sectioninclude 66-7-317a NMSAvehicle 1978;weight or vehicle defect violation;

e(6) aimproper nor berratic 24lane (7)changes following another vehicle too closely in u [ violation of Section 66-7-31866-7-317 NMSA 1978;

.228045.3(7) -following 28another -vehicle SJC/SBtoo 190closely (8) texting while driving in violation of Section 66-7-37466-7-318 NMSA 19781978; or a municipal ordinance;

(9)(8) usetexting of a handheld mobile communication device while driving a commercial motor vehicle in violation of Section [166-7-374 of this 2016 act] 66-7-375 NMSA 1978 or a municipal ordinance;

(10)(9) directlyuse orof indirectlya causinghandheld deathmobile orcommunication greatdevice bodilywhile injurydriving to a humancommercial beingmotor vehicle in theviolation unlawfulof operationSection [1 of athis motor2016 vehicleact in] violation66-7-375 ofNMSA Section1978 [66-8-101]or 66-14-14a NMSAmunicipal 1978;ordinance;

(11)(10) drivingdirectly or indirectly causing death or great bodily injury to a commercialhuman motorbeing vehiclein withoutthe possessionunlawful operation of a commercialmotor driver'svehicle license in violation of Section 66-5-59[66-8-101 ] 66-14-15 NMSA 1978;

(12)(11) driving a commercial motor vehicle h without thepossession proper class of a commercial driver's license andin endorsementsg pursuanto to Section 66-5-65 NMSA 1978 and the e t 17hr Motorviolation Carrierof SafetySection Act66-5-59 forNMSA the1978; specific vehicle group w l n d 18 operated or for the passengers or type of cargo transported;

org =e =i 19k (13)(12) driving a commercial motor vehicle ah lr i as ewithout rthe 20proper withoutclass obtainingof a commercial driver's license inand violationh of, at, tendorsements mpursuant mto 21 Section 66-5-5966-5-65 NMSA 1978;1978 and the e u g e b l e e h Motor Carrier Safety Act for the specific vehicle group n d d i = = o h operated or for the passengers or type of cargo transported;

andor dl ] b ,d i a º e (13) driving a commercial motor vehicle r i = r t e 22w [U.]d V.m a n o without obtaining a commercial driver's license in violation of d m :

"stateb ofe domicile"d meanss theº stateo int cn e= s.226430.4AIC kJanuary 2330, which2024 a(3:01pm) persons hask am true,e fixed- and28 permanent- home and e a n be 24d principalr residencee andl to which the person has the intention u [ ofA returningd wheneverSection the66-5-59 personNMSA has1978; been absent from that .228045.3 - 29 - SJC/SB 190 state." SECTION 11.

and [U.] T.

"state of domicile" means the state in 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 11.

The department shall disqualify a person who holds a commercial driver's license or who is required to hold a commercial driver's license or commercial driver's h instruction permit from driving a commercial motor vehicle for g o t hr a period of not less than one year, which shall run g e i k concurrently with any revocation or suspension action for the h r i s same offense, if the person:

h , t, (1) refuses to submit to a chemical test when e tu 17g e b l e e h requested pursuant to the provisions of the Implied Consent w l n d 18d i = = o h Act;

=l =] 19b ,d i a º e (2) is twenty-one years of age or more and ar l i a= r t e rw 20d m a n o submits to chemical testing pursuant to the Implied Consent Act ad t m m: 21 and the test results indicate an alcohol concentration of eight d r e 22 one hundredths or more;

cb e d s kº 23o (3)t submitsn to= chemical.226430.4AIC testingJanuary pursuant30, to2024 (3:01pm) s k m e - 29 - e a n be 24d ther Impliede Consentl Actu [ A d and the test results indicate an u [ alcohol concentration of foureight one hundredths or moremore; if the .228045.3 - 30 - SJC/SB 190 person is driving a commercial motor vehicle;

(3) submits to chemical testing pursuant to the Implied Consent Act and the test results indicate an alcohol concentration of four one hundredths or more if the person is driving a commercial motor vehicle;

(a) driving a motor vehicle while under the influence of intoxicating liquor or drugs in violation of Section [66-8-102][66-8-102 ] 66-14-2 or 66-14-3 NMSA 1978, an ordinance of a municipality of this state or the law of another state;

(b) leaving the scene of an accident h involving a commercial motor vehicle driven by the person in g o t hr violation of Section 66-7-201 NMSA 1978 or an ordinance of a g e i k municipality of this state or the law of another state;

h r i s (c) using a motor vehicle in the h , t, commission of a felony;

e tu 17g e b l e e h (d) driving a commercial motor vehicle w l n d 18d afteri the= driver's= commercialo driver'sh license,after non-domiciledthe =driver's = 19 commercial driver's license, commercialnon-domiciled driver'sl instruction] ab l,d i a º e rcommercial 20driver's permitlicense, or non-domiciled commercial driver's instruction permitr ai t= mr mt 21e isw revoked,d suspended,m disqualifieda orn canceledo forpermit violationsor dnon-domiciled rcommercial edriver's 22instruction whilepermit operatingd am commercial: motor vehicle;

orb c e d s kº 23o (e)t causingn a= fatality.226430.4AIC inJanuary the30, unlawful2024 e(3:01pm) as nk bm 24e operation- of30 - e a motorn vehiclee pursuantd tor Sectione [66-8-101]l u [ 66-14-14A NMSAd 1978.is revoked, suspended, disqualified or canceled for violations while operating a commercial motor vehicle;

.228045.3or -(e) 31causing -a SJC/SBfatality 190in C.the unlawful operation of a motor vehicle pursuant to Section [66-8-101 ] 66-14-15 NMSA 1978.

C.

The department shall disqualify a person from driving a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in Subsection B of this section, or any combination of those offenses, arising from two or more separate incidents, but the secretary may issue rules establishing guidelines, including h conditions, under which a disqualification for life under this u » r subsection may be reduced to a period of not less than ten t h g e l i years.

This subsection applies only to those offenses h r i s committed after July 1, 1989.

h , e h E.

The department shall disqualify a person from t u g e tb 17l e e , gh driving a commercial motor vehicle for life if the person is w l n d 18d i = = o h convicted of using a motor vehicle in the commission of any =l =] 19b ,d i a º r felony involving the manufacture, distribution or dispensing of ae lr i= at e rw 20d m a n o a controlled substance or involving an act or practice of ad t m m: 21 severe forms of trafficking in persons, as defined in federal d r e 22 law.

cb r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m F.e - 31 - e a n e d r e l u [ A d severe forms of trafficking in persons, as defined in federal law.

TheF. department shall disqualify a person from e a n b 24 driving a commercial motor vehicle for a period of not less u [ than sixty days if convicted of two serious traffic violations .228045.3 - 32 - SJC/SB 190 or one hundred twenty days if convicted of three serious traffic violations, if the violations were committed while driving a commercial motor vehicle, arising from separate incidents occurring within a three-year period.

The department shall disqualify a person from driving a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations or one hundred twenty days if convicted of three serious traffic violations, if the violations were committed while driving a commercial motor vehicle, arising from separate incidents occurring within a three-year period.

(1) not less than one hundred eighty days nor more than two years if the person is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded pursuant to the federal Hazardous Materials Transportation Act or while h operating a motor vehicle designed to transport more than u » r fifteen passengers, including the driver;

t h g e l i (2) not more than one year if the person is h r i s convicted of a first violation of an out-of-service order;

or h , e h (3) not less than three years nor more than t u g e tb 17l e e , gh five years if, during any ten-year period, the person is w l n d 18d i = = o h convicted of any subsequent violations of out-of-service =l =] 19b ,d i a º r orders, in separate incidents, while transporting hazardous ae lr i= at e rw 20d m a n o materials required to be placarded pursuant to that act or ad t m m: 21 while operating a motor vehicle designed to transport more than d r e 22 fifteen passengers, including the driver.

cb r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m H.e - 32 - e a n e d r e l u [ A d while operating a motor vehicle designed to transport more than fifteen passengers, including the driver.

TheH. department shall disqualify a person from e a n b 24 driving a commercial motor vehicle for sixty days if:

uThe [department (1)shall thedisqualify a person hasfrom beendriving convicteda ofcommercial twomotor .228045.3vehicle -for 33sixty -days SJC/SBif: 190 serious traffic violations in separate incidents within a three-year period;

(1) the person has been convicted of two serious traffic violations in separate incidents within a three-year period;

h (1) the person has been convicted of more than u » r two serious traffic violations within a three-year period;

and t h g e l i (2) the third or a subsequent conviction h r i s results in the revocation, cancellation or suspension of the h , e h person's commercial driver's license, non-domiciled commercial t u g e tb 17l e e , gh driver's license, commercial driver's instruction permit or w l n d 18d i = = o h non-domiciled commercial driver's instruction permit or =l =] 19b ,d i a º r noncommercial motor vehicle driving privileges.

ae lr i= at e rw 20d m a n o J.

When a person is disqualified from driving a ad t m m: 21 commercial motor vehicle, any commercial driver's license held d r e 22 by that person is invalidated without a separate proceeding of c e s k 23 any kind and the driver is not eligible to apply for a e a n b 24 commercial driver's license until the period of time for which u [ the driver was disqualified has elapsed.

.228045.3b r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 3433 - SJC/SBe 190a K.n e d r e l u [ A d commercial motor vehicle, any commercial driver's license held by that person is invalidated without a separate proceeding of any kind and the driver is not eligible to apply for a commercial driver's license until the period of time for which the driver was disqualified has elapsed.

K.

h L.

After disqualifying, suspending, revoking or u » r canceling a commercial driver's license, the department shall, t h g e l i within ten days, update its records to reflect that action.

h r i s After disqualifying, suspending, revoking or canceling a non- h , e h domiciled commercial driver's privileges, the department shall, t u g e tb 17l e e , gh within ten days, notify the licensing authority of the state w l n d 18d i = = o h that issued the commercial driver's license.

=l =] 19b ,d i a º r M.

When disqualifying, suspending, revoking or ae lr i= at e rw 20d m a n o canceling a commercial driver's license, the department shall ad t m m: 21 treat a conviction received in another state in the same manner d r e 22 as if it was received in this state.

cb r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m N.e - 34 - e a n e d r e l u [ A d treat a conviction received in another state in the same manner as if it was received in this state.

TheN. department shall post and enforce any e a n b 24 disqualification sent by the federal motor carrier safety u [ administration to the department that indicates that a .228045.3 - 35 - SJC/SB 190 commercial motor vehicle driver poses an imminent hazard.

The department shall post and enforce any disqualification sent by the federal motor carrier safety administration to the department that indicates that a commercial motor vehicle driver poses an imminent hazard.

New Mexico shall conform to the federal transportation security administration of the department of h homeland security rules and shall "look back" or review a u » r maximum of seven years for a background check." t h g e l i SECTION 12.

Section 66-5-205.1 NMSA 1978 (being Laws h r i s 1989, Chapter 214, Section 1, as amended) is amended to read:

h , e h "66-5-205.1.

UNINSURED MOTORIST CITATION--REQUIREMENTS TO t u g e tb 17l e e , gh BE FOLLOWED AT TIME OF ACCIDENT--SUBSEQUENT PROCEDURES--INSURER w l n d 18d i = = o h NOTIFICATION REQUIREMENTS--SUSPENSION PROCEDURES.-- =l =] 19b ,d i a º r A.

When a law enforcement officer issues a driver ae lr i= at e rw 20d m a n o who is involved in an accident a citation for failure to comply ad t m m: 21 with the provisions of the Mandatory Financial Responsibility d r e 22 Act, the law enforcement officer shall at the same time:

cb r e st kº 23o (1)t issuen to= the.226430.4AIC driverJanuary cited30, a2024 temporary(3:01pm) es ak nm be 24- operation35 sticker,- valide fora thirtyn dayse afterd ther datee thel u [ stickerA isd issued,with andthe forwardprovisions byof mail or delivery to the .228045.3Mandatory -Financial 36Responsibility -Act, SJC/SBthe 190law departmentenforcement aofficer duplicateshall ofat the issuedsame sticker;time:

(1) issue to the driver cited a temporary operation sticker, valid for thirty days after the date the sticker is issued, and forward by mail or delivery to the department a duplicate of the issued sticker;

The department shall return or replace, in its discretion, a license plate removed under the provisions of Paragraph (2) of Subsection A of this section or replace a license plate defaced under that paragraph when the person cited for failure to comply with the provisions of the Mandatory Financial Responsibility Act furnishes proof of compliance to the department and pays to the division a h reinstatement fee of twenty-five dollars ($25.00).

If a person u » r to whom the temporary operation sticker is issued furnishes to t h g e l i the department, within fifteen days after the issuance of the h r i s sticker, evidence of financial responsibility in compliance h , e h with the Mandatory Financial Responsibility Act and in effect t u g e tb 17l e e , gh on the date and at the time of the issuance of the sticker, the w l n d 18d i = = o h department shall replace or return the license plate and waive =l =] 19b ,d i a º r the twenty-five dollar ($25.00) reinstatement fee.

ae lr i= at e rw 20d m a n o C.

The secretary shall adopt and promulgate rules ad t m m: 21 prescribing the form and use of the sticker required to be d r e 22 issued under Subsection A of this section.

cb r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m [D.e - 36 - e a n e d r e l u [ A d prescribing the form and use of the sticker required to be issued under Subsection A of this section.

The[D. secretary shall adopt and promulgate rules e a n b 24 requiring insurance carriers to report canceled, terminated and u [ newly issued motor vehicle insurance policies each month to the .228045.3 - 37 - SJC/SB 190 department.

The secretary shall adopt and promulgate rules requiring insurance carriers to report canceled, terminated and newly issued motor vehicle insurance policies each month to the department.

(1) constitutes reasonable grounds to believe h that a person is operating a motor vehicle in violation of the u » r provisions of Section 66-5-205 NMSA 1978;

and t h g e l i (2) requires the department to suspend the h r i s person's registration as provided in Section 66-5-236 NMSA h , e h 1978.

t u g e tb 17l e e , gh F.

The department shall notify the superintendent of w l n d 18d i = = o h insurance if an insurance carrier fails to provide monthly =l =] 19b ,d i a º r reports to the department regarding motor vehicle insurance ae lr i= at e rw 20d m a n o policy information as required by Subsection D of this ad t m m: 21 section.]" d r e 22 SECTION 13.

Sectionb 66-5-206r NMSAe 1978t (beingº Lawso 1983,t cn e= .226430.4AIC January 30, 2024 (3:01pm) s k 23m Chaptere 318,- Section37 7,- ase amended)a isn amendede tod read:r e l u [ A d section.]" SECTION 13.

eSection a66-5-206 nNMSA b1978 24(being "66-5-206.Laws 1983, Chapter 318, Section 7, as amended) is amended to read:

REGISTRATION"66-5-206. WITHOUT INSURANCE OR EVIDENCE OF u [ FINANCIAL RESPONSIBILITY PROHIBITED--SUSPENSION REQUIRED.-- .228045.3 - 38 - SJC/SB 190 A.

REGISTRATION WITHOUT INSURANCE OR EVIDENCE OF FINANCIAL RESPONSIBILITY PROHIBITED--SUSPENSION REQUIRED.-- A.

h C.

The secretary shall adopt and promulgate rules u » r requiring insurance carriers to report canceled, terminated and t h g e l i newly issued motor vehicle insurance policies each month to the h r i s department.

Information pertaining to each motor vehicle shall h , e h be made a part of that vehicle file for one year.

t u g e tb 17l e e , gh D.

Within ten days of notification by the insurance w l n d 18d i = = o h carrier of a termination or cancellation of a motor vehicle =l =] 19b ,d i a º r insurance policy, the department shall demand satisfactory ae lr i= at e rw 20d m a n o evidence from the owner of the motor vehicle that the owner ad t m m: 21 meets the requirements of the Mandatory Financial d r e 22 Responsibility Act.

Failureb tor providee evidencet ofº financialo ct en s= k.226430.4AIC 23January responsibility30, within2024 twenty(3:01pm) dayss afterk them departmente has- 38 - e a n be 24d mailedr itse demandl foru proof:[ A d meets the requirements of the Mandatory Financial Responsibility Act.

uFailure [ (1) constitutes reasonable grounds to believeprovide .228045.3evidence -of 39financial -responsibility SJC/SBwithin 190twenty thatdays aafter person is operating a motor vehicle in violation of the provisionsdepartment ofhas Sectionmailed 66-5-205its NMSAdemand 1978;for proof:

(1) constitutes reasonable grounds to believe that a person is operating a motor vehicle in violation of the provisions of Section 66-5-205 NMSA 1978;

Section 66-7-2 NMSA 1978 (being Laws 1978, h Chapter 35, Section 372, as amended) is amended to read:

g o t hr "66-7-2.

REFERENCE TO VEHICLES UPON THE HIGHWAYS-- g e i k EXCEPTIONS.-- h r i s A.

The provisions of Chapter 66, Article 7 NMSA 1978 h , t, relating to the operation of vehicles refer exclusively to the e tu 17g e b l e e h operation of vehicles upon highways, except where a different w l n d 18d i = = o h place is specifically referred to in a given section.

=l =] 19b ,d i a º e B.

The provisions of Sections 66-7-201 through ar l i a= e r 20t 66-7-215,e 66-7-352.5,w [66-8-102d and]m 66-8-113, 66-14-2 and a tn mo m66-7-215, 2166-7-352.5, 66-14-3[66-8-102 NMSAand 1978] apply66-8-113, upon66-14-2 highways and elsewhere throughout d rm e: 22 the state." c e s k 23 SECTION 15.

Ab newe Sectiond 66-14-1s NMSAº 1978o ist enactedn to= .226430.4AIC January 30, 2024 (3:01pm) s k m e - 39 - e a n be 24d read:r e l u [ A d 66-14-3 NMSA 1978 apply upon highways and elsewhere throughout the state." SECTION 15.

uA [new "66-14-1.Section 66-14-1 NMSA 1978 is enacted to read:

[NEW"66-14-1. MATERIAL] DWI ACT--SHORT TITLE.--Sections .228045.3 - 40 - SJC/SB 190 66-14-1 through 66-14-21 NMSA 1978 may be cited as the "DWI Act"." SECTION 16.

[NEW MATERIAL ] DWI ACT--SHORT TITLE.--Sections 66-14-1 through 66-14-22 NMSA 1978 may be cited as the "DWI Act"." SECTION 16.

[NEW MATERIAL]MATERIAL ] DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR--AGGRAVATED DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR--UNLAWFUL ALCOHOL CONCENTRATIONS.-- A.

ItDriving isunder unlawfulthe forinfluence of intoxicating liquor consists of a person who is under the influence of intoxicating liquor todriving drive a vehicle within this state.

h (1) a vehicle in this state if the person has an g o t hr alcohol concentration of eight one hundredths or more in the g e i k person's blood or breath within three hours of driving the h r i s vehicle and the alcohol concentration results from alcohol h , t, consumed before or while driving the vehicle;

or e tu 17g e b l e e h (2) a commercial motor vehicle in this state if w l n d 18d i = = o h the person has an alcohol concentration of four one hundredths =l =] 19b ,d i a º e or more in the person's blood or breath within three hours of ar l i a= r t e rw 20d m a n o driving the commercial motor vehicle and the alcohol ad t m m: 21 concentration results from alcohol consumed before or while d r e 22 driving the vehicle.

cb e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k 23m C.e - 40 - e a n e d r e l u [ A d concentration results from alcohol consumed before or while driving the vehicle.

AggravatedC. driving under the influence of e a n b 24 intoxicating liquor consists of a person:

uAggravated [ (1) driving aunder vehiclethe ininfluence this state with an .228045.3 - 41 - SJC/SB 190 alcohol concentration of sixteenintoxicating oneliquor hundredthsconsists or more in the driver's blood or breath within three hours of drivinga theperson: vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle;

(1) driving a vehicle in this state with an alcohol concentration of sixteen one hundredths or more in the driver's blood or breath within three hours of driving the vehicle and the alcohol concentration results from alcohol consumed before or while driving the vehicle;

or (3) refusing 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, the driver was under the influence of intoxicating h liquor." g o t hr SECTION 17.

A new Section 66-14-3 NMSA 1978 is enacted to g e i k read:

h r i s "66-14-3.

[NEW MATERIAL]MATERIAL ] DRIVING UNDER THE INFLUENCE OF h , t, AN INTOXICATING DRUG--AGGRAVATED DRIVING UNDER THE INFLUENCE OF e tu 17g e b l e e h AN INTOXICATING DRUG.-- w l n d 18d i = = o h A.

Driving under the influence of an intoxicating =l =] 19b ,d i a º e drug consists of a person:

ar l i a= r t e rw 20d m a n o (1) who is under the influence of a drug to a ad t m m: 21 degree that renders the person incapable of safely driving a d r e 22 vehicle within this state;

orb c e d s kº 23o (2)t whon is= under.226430.4AIC theJanuary influence30, of2024 a(3:01pm) combinations k m e - 41 - e a n be 24d ofr ae drugl andu alcohol[ toA ad degree that renders the person u [ incapable of safely driving a vehicle within this state.state;

.228045.3or -(2) 42who -is SJC/SBunder 190the B.influence of a combination of a drug and alcohol to a degree that renders the person incapable of safely driving a vehicle within this state.

AggravatedB. driving under the influence of an intoxicating drug consists of a person:

(1)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 drugdrug." orSECTION while18. driving under the influence of a combination of intoxicating drug and alcohol;

or (2) refusing to submit to withdrawing the person's blood for a chemical blood test, when a warrant is first issued for the blood draw as provided for in the Implied Consent Act and in the judgment of the court, based upon evidence of intoxication presented to the court, the driver was under the influence of an intoxicating drug or under the influence of a combination of intoxicating drug and alcohol." SECTION 18.

e t 17 "66-14-4.

[NEW MATERIAL]MATERIAL FIRST] CONVICTION FOR DRIVING wA lVEHICLE--COMMUNITY nCARETAKING--RELIEF dFROM 18CIVIL UNDERAND THECRIMINAL INFLUENCELIABILITY.-- OF INTOXICATING LIQUOR OR DRUGS.-- = = 19 A.

AAs firstused convictionin forSections driving66-14-2 underand the66-14-3 influenceNMSA a1978, l"driving i a evehicle" rmeans: 20 of intoxicating liquor or drugs shall be punished, a t m m 21 notwithstanding the provisions of the Criminal Sentencing Act, d r e 22 by imprisonment for not more than ninety days or by a fine of c e s k 23 not more than three hundred dollars ($300), or both;

providedh e(1) a n b 24 that if the sentencemotorist is suspendedobserved in wholecontrol orof ina partg oro ut [hr deferred,vehicle thethat periodis ofin probationmotion mayby extenda beyondnamed ninetywitness, dayseither .228045.3law -g 43e -i SJC/SBk 190enforcement butor shallcivilian; not exceed one year.

h r i s (2) the motorist is observed in control of a h , t, vehicle that is in a lane of traffic on a roadway by a named e u g e b l e e h witness, either law enforcement or civilian;

n d d i = = o h (3) the motorist is observed blocking other l ] b ,d i a º e vehicles on private property in an area designated for vehicle r i = r t e w d m a n o travel by a named witness, either law enforcement or civilian;

d m :

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 42 - e a n e d r e l u [ A d or (4) following an investigation, a law enforcement officer ascertains that that motorist was in control of a vehicle that was involved in an accident.

UponThere ashall firstbe convictionno pursuantclaims tofor thisdamages section,or anrelief offenderbased shallupon bethe sentencedexercise toof community caretaking when a motorist is not lessdriving thana twenty-fourvehicle hoursas defined in Subsection A of communitythis service.section." SECTION 19.

C.

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 66-14-15 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 shall determine to be necessary.

D.

When an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail.

e t 17 E.

If an offender fails to complete, within a time w l n d 18 specified by the court, any community service, screening = = 19 program, treatment program or DWI school ordered by the court a l i a e r 20 or fails to comply with any other condition of probation, the a t m m 21 offender shall be sentenced to not less than an additional d r e 22 forty-eight consecutive hours in jail.

c e s k 23 F.

A jail sentence imposed pursuant to Subsection E e a n b 24 of this section or for aggravated driving under the influence u [ of intoxicating liquor or drugs shall not be suspended, .228045.3 - 44 - SJC/SB 190 deferred or taken under advisement.

G.

On a first conviction for driving under the influence of intoxicating liquor or drugs, time spent in jail for the offense prior to the conviction for that offense shall be credited to a term of imprisonment fixed by the court.

A deferred sentence pursuant to this subsection shall be considered a first conviction for the purpose of determining subsequent convictions." SECTION 19.

[NEW MATERIAL]MATERIAL SECOND] FIRST CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.-- A.

A secondfirst conviction for driving under the influence of intoxicating liquor or drugs shall be punished, notwithstanding the provisions of Section 31-18-13 NMSA 1978, by imprisonment for not more than threeninety hundred sixty-four days e t 17 or by a fine of h not more than SHPACº five hundred dollars ($500),($500)»SHPAC org wo lt nhr dSHPACºthree 18hundred dollars ($300)»SHPAC , or both;

provided g e i k that if the sentence is suspended in whole or in =part =or 19h part,r i s deferred, the period of probation may extend beyond oneninety yeardays buth a, lt, i a e ru 20g but shall not exceed fiveone years.year.

ae tb ml me 21e h B.

NotwithstandingUpon anya provisionfirst ofconviction lawpursuant to thethis section, n d rd ei 22= contrary= foro suspensionh oran defermentoffender ofshall executionbe ofsentenced ato cnot eless sthan ktwenty-four 23l sentence,] uponb ,d i a secondº conviction:e hours of community service.

er ai n= br 24t (1)e anw offenderd shallm be sentenced to a jailn uo [SHPACºC. term of not less than ninety-six consecutive hours, not less .228045.3 - 45 - SJC/SB 190 than forty-eight hours of community service;

Upon a first conviction pursuant to this d m :

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 43 - e a n e d r e l u [ A d section, an offender may be required to pay a fine of three hundred dollars ($300).»SHPAC SHPACºD.»SHPAC SHPACºC.»SHPAC 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 66-14-16 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 shall determine to be necessary.

SHPACº E.»SHPAC SHPACºD.»SHPAC When an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to not less than forty-eight consecutive hours in jail.

SHPACº F.»SHPAC SHPACºE.»SHPAC If an offender fails to complete, within a time specified by the court, any h community service, screening program, treatment program or DWI u » r school ordered by the court or fails to comply with any other t h g e l i condition of probation, the offender shall be sentenced to not h r i s less than an additional forty-eight consecutive hours in jail.

h , e h SHPACº G.»SHPAC SHPACºF.»SHPAC A jail sentence t u g e b l e e , gh imposed pursuant to SHPACºSubsection F»SHPAC SHPACºSubsection n d d i = = o h E»SHPAC of this section or for aggravated driving under the l ] b ,d i a º r influence of intoxicating liquor or drugs shall not be e r = t e w d m a n o suspended, deferred or taken under advisement.

d m :

b r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 44 - e a n e d r e l u [ A d SHPACºH.»SHPAC SHPACºG.»SHPAC On a first conviction for driving under the influence of intoxicating liquor or drugs, time spent in jail for the offense prior to the conviction for that offense shall be credited to a term of imprisonment fixed by the court.

A deferred sentence pursuant to this subsection shall be considered a first conviction for the purpose of determining subsequent convictions." SECTION 20.

A new Section 66-14-6 NMSA 1978 is enacted to read:

"66-14-6.

[NEW MATERIAL ] SECOND CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.-- A.

A second conviction for driving under the influence of intoxicating liquor or drugs 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 SHPACº one thousand dollars h ($1,000)»SHPAC SHPACºfive hundred dollars ($500)»SHPAC , or g o t hr both;

provided that if the sentence is suspended in whole or in g e i k part, the period of probation may extend beyond one year but h r i s shall not exceed five years.

h , t, e u g B.

Notwithstanding any provision of law to the e b l e e h contrary for suspension or deferment of execution of a n d d i = = o h sentence, upon a second conviction:

l ] b ,d i a º e (1) an offender shall be sentenced to a jail r i = r t e w d m a n o term of not less than ninety-six consecutive hours, not less d m :

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 45 - e a n e d r e l u [ A d than forty-eight hours of community service SHPACºand a fine of five hundred dollars ($500)»SHPAC ;

Upon a second conviction for driving under the influence of intoxicating liquor or drugs, an offender shall be h required to participate in and complete, within a time eu t» 17r specified by the court:

wt lh ng de 18l i (1) not less than a twenty-eight-day inpatient, =h =r 19i s residential or in-custody substance abuse treatment program ah l, i a e rh 20 approved by the court;

a t mu mg 21e b l e e , gh (2) not less than a ninety-day outpatient n d rd ei 22= = o h treatment program approved by the court;

cl e] sb k,d 23i a º r (3) a drug court program approved by the court;

e ar n= bt 24e orw ud [m (4)a anyn othero substanceor abused treatmentm program: .228045.3 - 46 - SJC/SB 190 approved by the court.

b r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 46 - e a n e d r e l u [ A d (4) any other substance abuse treatment 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 20.21.

A new Section 66-14-666-14-7 NMSA 1978 is enacted to read:

"66-14-6."66-14-7.

[NEW MATERIAL]MATERIAL ] THIRD CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.-- A.

A third conviction for driving under the influence of intoxicating liquor or drugs 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 sevenSHPACº one thousand dollars ($1,000)»SHPAC SHPACºseven hundred fifty dollars ($750),($750)»SHPAC , or both;

provided that if the sentence is suspended in whole h or in part, the period of probation may extend beyond one year g o t hr but shall not exceed five years.

g e ti 17k B.

Notwithstanding any provision of law to the wh lr ni ds 18 contrary for suspension or deferment of execution of a =h =, 19t, e u g sentence, upon a third conviction:

ae b l ie a e rh 20 (1) an offender shall be sentenced to a jail an td md mi 21= = o h term of not less than thirty consecutive days, not less than dl r] eb 22,d i a º e ninety-six hours of community service;service SHPACº and a fine of seven r i = r t e w d m a n o hundred fifty dollars ($750)»SHPAC ;

cd em s: k 23 (2) when an offender commits aggravated driving e a n b 24 under the influence of intoxicating liquor or drugs, the u [ offender shall be sentenced to a jail term of not less than .228045.3 - 47 - SJC/SB 190 sixty consecutive days;

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 47 - e a n e d r e l u [ A d (2) when an offender commits aggravated driving under the influence of intoxicating liquor or drugs, the offender shall be sentenced to a jail term of not less than sixty consecutive days;

h (1) not less than a twenty-eight-day inpatient, g o t hr residential or in-custody substance abuse treatment program g e i k approved by the court;

eh tr 17i s (2) not less than a ninety-day outpatient wh l, nt, d 18 treatment program approved by the court;

=e =u 19g e b l e e h (3) a drug court program approved by the court;

an ld d i a= e= ro 20h or al t] mb m,d 21i a º e (4) any other substance abuse treatment program dr i = r t e 22w d m a n o approved by the court.

cd em s: k 23 E.

Theb requirementse imposedd pursuants toº Subsectiono Dt en a= n.226430.4AIC bJanuary 2430, of2024 this(3:01pm) sections shallk notm bee suspended,- deferred48 or- takene undera un [e advisement."d .228045.3r -e 48l -u SJC/SB[ 190A SECTIONd 21.E.

AThe newrequirements Sectionimposed 66-14-7pursuant NMSAto 1978Subsection isD enactedof tothis read:section shall not be suspended, deferred or taken under advisement." SECTION 22.

"66-14-7.

[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 be suspended, deferred or taken under advisement." SECTION 22.

[NEW MATERIAL]MATERIAL FIFTH] FOURTH CONVICTION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a fifthfourth conviction for driving under the influence of intoxicating liquor or drugs, an offender is guilty of a fourth e t 17 degree felony and, notwithstanding the provisions of Section w l n d 18 31-18-15 NMSA 1978, shall be sentenced to a term of = = 19 imprisonment of twoeighteen years,months, onesix yearmonths of which shall not be a l i a e r 20 suspended, deferred or taken under advisement." a t m m 21 SECTION 23.

A new Section 66-14-9 NMSA 1978 is enacted to d r e 22 read:

c e s k 23 "66-14-9.

[NEW MATERIAL]MATERIAL SIXTH] FIFTH CONVICTION FOR DRIVING eh a n b 24 UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.--Upon a ug [o sixtht hr fifth conviction for driving under the influence of .228045.3g -e 49i -k SJC/SB 190 intoxicating liquor or drugs, an offender is guilty of a thirdfourth h r i s degree felony and, notwithstanding the provisions of Section h , t, 31-18-15 NMSA 1978, shall be sentenced to a term of e u g e b l e e h imprisonment of thirtytwo months,years, eighteenone monthsyear of which shall not be n d d i = = o h suspended, deferred or taken under advisement." l ] b ,d i a º e SECTION 24.

A new Section 66-14-10 NMSA 1978 is enacted r i = r t e w d m a n o to read:

"66-14-10.d m :

[NEWb MATERIAL]e SEVENTHd CONVICTIONs FORº DRIVINGo UNDERt THEn INFLUENCE= OF.226430.4AIC INTOXICATINGJanuary LIQUOR30, OR2024 DRUGS.--Upon(3:01pm) as seventhk convictionm fore driving- under49 the- influencee of intoxicating liquor or drugs, an offender is guilty of a thirdn degreee felonyd and,r notwithstandinge thel provisionsu of[ SectionA 31-18-15d NMSA"66-14-10. 1978, shall be sentenced to a term of imprisonment of three years, two years of which shall not be suspended, deferred or taken under advisement." SECTION 25.

A[NEW newMATERIAL] SectionSIXTH 66-14-11CONVICTION NMSAFOR 1978DRIVING 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 enactedguilty eof ta 17third degree felony and, notwithstanding the provisions of Section 31-18-15 NMSA 1978, shall be sentenced to read:a term of imprisonment of thirty months, eighteen months of which shall not be suspended, deferred or taken under advisement." SECTION 25.

wA lnew nSection d66-14-11 18NMSA "66-14-11.1978 is enacted to read:

[NEW"66-14-11. MATERIAL] EIGHTH OR SUBSEQUENT CONVICTION = = 19 a l FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR i a e r 20 DRUGS.--Upon an eighth or subsequent conviction for driving a t m m 21 under the influence of intoxicating liquor or drugs, an d r e 22 offender is guilty of a second degree felony and, c e s k 23 notwithstanding the provisions of Section 31-18-15 NMSA 1978, e a n b 24 shall be sentenced to a term of imprisonment of twelve years, u [ ten of which shall not be suspended, deferred or taken under .228045.3 - 50 - SJC/SB 190 advisement." SECTION 26.

Section[NEW 66-8-102.5MATERIAL NMSA] 1978SEVENTH (beingCONVICTION LawsFOR 2019,DRIVING ChapterUNDER 79,THE SectionINFLUENCE 1)OF INTOXICATING LIQUOR OR DRUGS.--Upon a seventh conviction for driving under the influence of intoxicating liquor or drugs, an offender is recompiledguilty asof a third degree felony and, notwithstanding the provisions of Section 66-14-1231-18-15 NMSA 19781978, andshall isbe amendedsentenced to read:a term of h imprisonment of three years, two years of which shall not be u » r suspended, deferred or taken under advisement." t h g e l i SECTION 26.

"66-14-12.A new Section 66-14-12 NMSA 1978 is enacted h r i s to read:

DRIVINGh WHILE, INTOXICATEDe WITHh A"66-14-12. MINOR IN THE VEHICLE--PENALTY.-- A.

Driving[NEW whileMATERIAL intoxicated] withEIGHTH aOR minorSUBSEQUENT inCONVICTION thet vehicleu consistsg ofe ab personl committinge ae violation, ofgh SectionFOR [66-8-102]DRIVING 66-14-2UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR n d d i = = o h DRUGS.--Upon an eighth or 66-14-3subsequent NMSAconviction 1978for whendriving l ] b ,d i a minorº isr inunder the vehicleinfluence andof whenintoxicating theliquor minoror doesdrugs, notan suffere greatr bodily= harmt ore death.w d m a n o offender is guilty of a second degree felony and, d m :

Whoeverb commitsr drivinge whilet intoxicatedº witho at minorn in= the.226430.4AIC vehicleJanuary is30, guilty2024 of(3:01pm) s k m e - 50 - e a misdemeanorn and,e ifd r e l u [ A d notwithstanding the minorprovisions isof Section 31-18-15 NMSA 1978, shall be sentenced to a childterm of theimprisonment motorist,of twelve years, ten of which shall participatenot inbe asuspended, parentingdeferred class.or taken under advisement." SECTION 27.

B.Section 66-8-102.5 NMSA 1978 (being Laws 2019, Chapter 79, Section 1) is recompiled as Section 66-14-13 NMSA 1978 and is amended to read:

A"66-14-13. charge for a violation of Subsection A of this section shall be in addition to a charge for the violation of e t 17 Section [66-8-102] 66-14-2 or 66-14-3 NMSA 1978 and shall be w l n d 18 punished as a separate offense.

=DRIVING =WHILE 19INTOXICATED C.WITH A MINOR IN THE VEHICLE--DRIVING WHILE INTOXICATED WITH A TEENAGE MINOR IN THE VEHICLE--PENALTY.-- A.

AsDriving usedwhile inintoxicated thiswith section,a "minor"minor meansin anthe avehicle lconsists iof a eperson rcommitting 20a individualviolation whoof isSection younger[66-8-102 than] [thirteen]66-14-2 eighteenNMSA years1978 ofwhen a tminor mis min 21the age."vehicle dand rwhen ethe 22minor SECTIONdoes 27.not suffer great bodily harm or death.

SectionWhoever 66-8-101.1commits NMSAdriving 1978while (beingintoxicated Lawswith ca eminor sin kthe 23vehicle 1985,is Chapterguilty 239,of Sectiona 2)misdemeanor isand, recompiledif asthe Sectionminor 66-14-13is e a nchild bh 24of NMSAthe 1978motorist, andshall isparticipate amendedin toa read:parenting class.

u [» "66-14-13.r B.

INJURYDriving TOwhile PREGNANTintoxicated [WOMAN]with PERSONa BYteenage .228045.3minor -in 51t -h SJC/SBg 190e VEHICLE.--l A.i the vehicle consists of a person committing a violation of h r i s Section 66-14-2 NMSA 1978 when a teenage minor is in the h , e h vehicle and when the teenage minor does not suffer great bodily t u g e b l e e , gh harm or death.

InjuryWhoever tocommits pregnantdriving [woman]while personintoxicated bywith vehiclen isd injuryd toi a= pregnant= [woman]o personh by a personteenage otherminor thanin the [woman]vehicle pregnantshall personpay ina thepenalty unlawfulassessment operationl of] b ,d i a motorº vehicler causingof [her]three thehundred pregnantdollars person($300) toand, sufferif the teenage minor is a miscarriagee orr stillbirth= ast e w d m a resultn o child of thatthe injury.motorist, participate in a parenting class.

B.d m :

b r e t º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 51 - e a n e d r e l u [ A d [B.] C.

A charge for a violation of Subsection A or B of this section shall be in addition to a charge for the violation of Section [66-8-102 ] 66-14-2 or 66-14-3 NMSA 1978 and shall be punished as a separate offense.

[C.] D.

(1) "miscarriage""minor" means thean interruptionindividual ofwho theis normalyounger development of the fetus, other than bythirteen ayears live birth and which is not an induced abortion, resulting in the complete expulsion or extraction from a pregnant [woman] person of aage; product of human conception;

and (2) "stillbirth""teenage minor" means thean deathindividual ofwho ais fetusthirteen prioryears toof theage complete expulsion or extractionolder ofand theyounger fetusthan fromeighteen [itsyears mother] the pregnant person, irrespective of theage." durationSECTION of28. pregnancy and which is not an induced abortion;

andSection death66-8-101.1 isNMSA e1978 t(being 17Laws manifested1985, byChapter the239, factSection that2) afteris therecompiled expulsion or extraction w l n d 18 the fetus does not breathe spontaneously or show any other = = 19 evidence of life such as heartSection beat,66-14-14 pulsationNMSA of1978 theand umbilicalis aamended lto iread: a e r 20 cord or definite movement of voluntary muscles.

a t m m 21 C.

Any person who commits injury to pregnant [woman] d r e 22 person by vehicle while under the influence of intoxicating c e s k 23 liquor or while under the influence of any drug or while e a n b 24 violating Section 66-8-113 NMSA 1978 is guilty of a third u [ degree felony and shall be sentenced pursuant to the provisions .228045.3 - 52 - SJC/SB 190 of Section 31-18-15 NMSA 1978;

provided that violation of 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 28.

Section 66-8-101 NMSA 1978 (being Laws 1978, Chapter 35, Section 509, as amended) is recompiled as Section 66-14-14 NMSA 1978 and is amended to read:

HOMICIDEINJURY BYTO VEHICLE--GREATPREGNANT BODILY[WOMAN HARM] PERSON BY VEHICLE.-- A.

HomicideInjury to pregnant [woman ] person by vehicle is theh killinginjury ofto a humanpregnant being[woman ] person by a person other than the g o t hr [woman] pregnant person in the unlawful operation of a motor vehicle.g e i k vehicle causing [her ] the pregnant person to suffer a h r i s miscarriage or stillbirth as a result of that injury.

h , t, B.

GreatAs bodilyused harm by vehicle is the injuring of a human being, to the extent defined in Sectionthis 30-1-12section: NMSA 1978, in the unlawful operation of a motor vehicle.

e u g e b l e e h (1) "miscarriage" means the interruption of the n d d i = = o h normal development of the fetus, other than by a live birth and l ] b ,d i a º e which is not an induced abortion, resulting in the complete r i = r t e w d m a n o expulsion or extraction from a pregnant [woman ] person of a d m :

b e d s º o t n = .226430.4AIC January 30, 2024 (3:01pm) s k m e - 52 - e a n e d r e l u [ A d 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.

AAny person who commits homicideinjury to pregnant [woman ] person by vehicle while under the influence of intoxicating liquor or while under the influence of any drug or while violating Section 66-8-113 NMSA 1978 is guilty of a secondthird degree felony and e t 17 shall be sentenced pursuant to the provisions of Section w l n d 18 31-18-15 NMSA 1978.1978;

=provided =that 19violation D.of speeding laws as set forth in the Motor Vehicle Code shall not h per se be a basis for violation of Section 66-8-113 NMSA 1978." g o t hr SECTION 29.

ASection person66-8-101 whoNMSA commits1978 homicide(being byLaws vehicle1978, whileg ae l i ak eChapter r35, 20 violating Section 66-8-113509, NMSAas 1978amended) is guiltyrecompiled ofas aSection thirdh ar ti ms m66-14-15 21NMSA degree1978 felony and shallis beamended sentenced pursuant to theread: provisions d r e 22 of Section 31-18-15 NMSA 1978;

providedh that, violationt, of"66-14-15. c e s k 23 speeding laws as set forth in the Motor Vehicle Code shall not e a n b 24 per se be a basis for violation of Section 66-8-113 NMSA 1978.

HOMICIDE BY VEHICLE--GREAT BODILY HARM BY e u [g E.e b l e e h VEHICLE.-- n d d i = = o h A.