HB 106 — DWI BLOOD TESTING

G.A penalty imposed pursuant to g e l i this paragraph shall not be suspended or deferred or taken h r i s under advisement.

Uponh a, fourthe convictionh pursuantt tou thisg section,G. 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.

Upon a fourth conviction pursuant to this e b l e e , gh section, an offender is guilty of a fourth degree felony and, n d d i = = o h l ] b ,d notwithstanding the provisions of Section 31-18-15 NMSA 1978, i a º r e r = shall be sentenced to a term of imprisonment of eighteen t 17e H.w d m a n o d m :

Uponb ar fifthe convictiont pursuantº too thist w l n d 18 section, an offender is guilty of a fourth degree felony and, = =.229259.2AIC 19February a6, l2025 notwithstanding(7:50pm) thes provisionsk ofm Sectione 31-18-15- NMSA6 1978,- i a e r 20 shall be sentenced to a termn ofe imprisonmentd ofr twoe years,l oneu a[ tA md mmonths, 21six yearmonths of which shall not be suspended, deferred or taken under d r e 22 advisement.

cH. e s k 23 I.

Upon a sixthfifth conviction pursuant to this e a n b 24 section, an offender is guilty of a thirdfourth degree felony and, u [ notwithstanding the provisions of Section 31-18-15 NMSA 1978, .229259.2 - 6 - shall be sentenced to a term of imprisonment of thirtytwo months,years, eighteenone monthsyear of which shall not be suspended, deferred or taken under advisement.

I.

Upon a sixth conviction pursuant to this section, 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.

Upon a seventh conviction pursuant to this section, an offender is guilty of a third degree felony and, h notwithstanding the provisions of Section 31-18-15 NMSA 1978, u » r t h shall be sentenced to a term of imprisonment of three years, g e l i two years of which shall not be suspended, deferred or taken h r i s under advisement.

h , e h t u g K.

Upon an eighth or subsequent conviction pursuant e b l e e , gh to this section, an offender is guilty of a second degree n d d i = = o h l ] b ,d felony and, notwithstanding the provisions of Section 31-18-15 i a º r e r = NMSA 1978, shall be sentenced to a term of imprisonment of twelvet years,e tenw yearsd ofm whicha shalln noto bed suspended,m deferred: or taken under advisement.

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 7 - e a n e d r e l u [ A d twelve years, ten years of which shall not be suspended, deferred or taken under advisement.

Upon any conviction pursuant to this section, an e t 17 offender shall be required to participate in and complete, w l n d 18 within a time specified by the court, an alcohol or drug abuse = = 19 a l screening program approved by the department of finance and i a e r 20 administration and, if necessary, a treatment program approved a t m m 21 by the court.

The requirement imposed pursuant to this d r e 22 subsection shall not be suspended, deferred or taken under c e s k 23 advisement.

e a n b 24 M.

Upon a second or third conviction pursuant to u [ this section, an offender shall be required to participate in .229259.2 - 7 - and complete, within a time specified by the court:

(1) not less than a twenty-eight-day inpatient, residential or in-custody substance abuse treatment program approved by the court;

(2) not less than a ninety-day outpatient treatment program approved by the court;

(3) a drug court program approved by the court;

or (4) any other substance abuse treatment program approved by the court.

N.M.

Upon a second or third conviction pursuant to this section, an offender shall be required to participate in and complete, within a time specified by the court:

(1) not less than a twenty-eight-day inpatient, residential or in-custody substance abuse treatment program approved by the court;

h (2) not less than a ninety-day outpatient u » r t h treatment program approved by the court;

g e l i (3) a drug court program approved by the h r i s court;

or h , e h t u g (4) any other substance abuse treatment e b l e e , gh program approved by the court.

n d d i = = o h l ] b ,d The requirement imposed pursuant to this subsection shall i a º r e r = not be suspended, deferred or taken under advisement.

t e w d m a n o d m :

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 8 - e a n e d r e l u [ A d N.

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

a t m m 21 O.

Upon a conviction pursuant to this section, an d r e 22 offender shall be required to obtain an ignition interlock c e s k 23 license and have an ignition interlock device installed and e a n b 24 operating on all motor vehicles driven by the offender, u [ pursuant to rules adopted by the bureau.

Unless determined by .229259.2 - 8 - the bureau to be indigent, the offender shall pay all costs associated with having an ignition interlock device installed on the appropriate motor vehicles.

The offender shall operate h only those vehicles equipped with ignition interlock devices u » r t h for:

g e l i (1) a period of one year, for a first h r i s offender;

h , e h t u g (2) a period of two years, for a second e b l e e , gh conviction pursuant to this section;

n d d i = = o h l ] b ,d (3) a period of three years, for a third i a º r e r = conviction pursuant to this section;

or (4)t thee remainderw ofd them offender's life, for a fourthn oro subsequentd convictionm pursuant: to this section.

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 9 - e a n e d r e l u [ A d (4) the remainder of the offender's life, for a fourth or subsequent conviction pursuant to this section.

Five years from the date of conviction and every five years thereafter, a fourth or subsequent offender may apply to a district court for removal of the ignition interlock e t 17 device requirement provided in this section and for restoration w l n d 18 of a driver's license.

A district court may, for good cause = = 19 a l shown, remove the ignition interlock device requirement and i a e r 20 order restoration of the license;

provided that the offender a t m m 21 has not been subsequently convicted of driving a motor vehicle d r e 22 under the influence of intoxicating liquor or drugs.

Good c e s k 23 cause may include an alcohol screening and proof from the e a n b 24 interlock vendor that the person has not had violations of the u [ interlock device.

.229259.2 - 9 - Q.

An offender who obtains an ignition interlock license and installs an ignition interlock device prior to h conviction shall be given credit at sentencing for the time u » r t h period the ignition interlock device has been in use.

g e l i R.

In the case of a first, second or third offense h r i s under this section, the magistrate court has concurrent h , e h t u g jurisdiction with district courts to try the offender.

e b l e e , gh S.

A conviction pursuant to a municipal or county ordinancen ind Newd Mexicoi or= a= lawo ofh anyl other] jurisdiction,b territory,d orordinance possessionin ofNew theMexico United States or of a tribe, when that ordinance or law isof equivalentany toother Newjurisdiction, Mexicoi lawa forº drivingr undere ther influence= ofterritory intoxicating liquor or drugs,possession andof prescribes penalties for driving under the influenceUnited ofStates intoxicating liquor or drugs,of shall be deemed to be a convictiontribe, pursuantt toe thisw sectiond form purposes of determining whether a convictionn iso ad secondm or: subsequent conviction.

b r e t 17º T.o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 10 - e a n e d r e l u [ A d when that ordinance or law is equivalent to New Mexico law for driving under the influence of intoxicating liquor or drugs, and prescribes penalties for driving under the influence of intoxicating liquor or drugs, shall be deemed to be a conviction pursuant to this section for purposes of determining whether a conviction is a second or subsequent conviction.

InT. addition to any other fine or fee that may be w l n d 18 imposed pursuant to the conviction or other disposition of the = = 19 a l offense under this section, the court may order the offender to i a e r 20 pay the costs of any court-ordered screening and treatment a t m m 21 programs.

dIn raddition eto 22any U.other fine or fee that may be imposed pursuant to the conviction or other disposition of the offense under this section, the court may order the offender to pay the costs of any court-ordered screening and treatment programs.

WithU. respect to this section and notwithstanding c e s k 23 any provision of law to the contrary, if an offender's sentence e a n b 24 was suspended or deferred in whole or in part and the offender u [ violates any condition of probation, the court may impose any .229259.2 - 10 - sentence that the court could have originally imposed and credit shall not be given for time served by the offender on probation.

V.With respect to this section and notwithstanding any provision of law to the contrary, if an offender's sentence was suspended or deferred in whole or in part and the offender violates any condition of probation, the court may impose any sentence that the court could have originally imposed and h credit shall not be given for time served by the offender on u » r t h probation.

g e l i V.

h r i s (1) "bodily injury" means an injury to a h , e h t u g person that is not likely to cause death or great bodily harm e b l e e , gh to the person, but does cause painful temporary disfigurement n d d i = = o h l ] b ,d or temporary loss or impairment of the functions of any member i a º r e r = or organ of the person's body;

and (2)t "commerciale motorw vehicle"d meansm a motorn vehicleo ord combinationm of: motor vehicles used in commerce to transport passengers or property if the motor vehicle:

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 11 - e a n e d r e l u [ A d (2) "commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

e t 17 (b) has a gross vehicle weight rating of w l n d 18 more than twenty-six thousand pounds;

= = 19 a l (c) is designed to transport sixteen or i a e r 20 more passengers, including the driver;

or a t m m 21 (d) is of any size and is used in the d r e 22 transportation of hazardous materials, which requires the motor c e s k 23 vehicle to be placarded under applicable law."law."»HHHC eSECTION aHHHCº2.»HHHC nHHHCº1.»HHHC bSection 2466-8-103 SECTIONNMSA 2.(being Laws 1967, Chapter 160, Section 1) is amended to h g read:

Sectiono 66-8-103t NMSAhr 1978"66-8-103. (being Laws 1967, u [ Chapter 160, Section 1) is amended to read:

.229259.2CHEMICAL -BLOOD 11TESTS--PERSONS -QUALIFIED "66-8-103.TO g e i k PERFORM TESTS--RELIEF FROM LIABILITY.--Only a physician, h r i s h licensed professional or practical nurse, [or laboratory , t, e u g technician] emergency medical technician or certified e b l e e h phlebotomist or a technologist employed by a hospital or n d d i = = o h physician shall withdraw blood from [any ] a person in the l ] b ,d i a º e r i = r performance of a [blood-alcohol ] chemical blood test.

CHEMICALNo BLOODsuch TESTS--PERSONSt QUALIFIEDe TOw PERFORMd TESTS--RELIEFm FROMa LIABILITY.--Onlyn ao physician, licensed professional or practical nurse, [ortechnician, laboratory technician] emergency medical technician or certified phlebotomist or a technologist employedwho byd am hospital: or physician shall withdraw blood from [any] a person in the performance of a [blood-alcohol] chemical blood test.

Nob suche physician,d nurse,s technician,º phlebotomisto ort technologistn who= .229259.2AIC February 6, 2025 (7:50pm) s k m e - 12 - e a n e d r e l u [ A d withdraws blood from [any] a person in the performance of a [blood-alcohol][blood-alcohol ] chemical blood test that has been directed by [any] a police officer or by [any] a judicial or probation officer shall be held liable in any civil or criminal action for assault, battery, false imprisonment or any conduct of [any] a police officer except for negligence, nor shall [any] a person assisting in the performance of [such a] the test or [any] a hospital wherein blood is withdrawn in the performance e t 17 of [such a]a ] the test be subject to civil or criminal liability w l n d 18 for assault, battery, false imprisonment or any conduct of = = 19 a l [any] a police officer except for negligence." iSECTION aHHHCº e3.»HHHC rHHHCº2.»HHHC 20Section SECTION66-8-104 3.NMSA (being Laws 1978, Chapter 35, Section 512) is amended to read:

Section"66-8-104. 66-8-104 NMSA 1978 (being Laws 1978, a t m m 21 Chapter 35, Section 512) is amended to read:

[BLOOD-ALCOHOL] CHEMICAL BLOOD TESTS--[POLICE, JUDICIAL OR PROBATION] OFFICER UNAUTHORIZED TO MAKE ARREST OR h DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL DUTIES g o t hr [AUTHORIZED BY LAW ].--Nothing in Sections [64-8-103 or 64-8-104 g e i k NMSA 1953] 66-8-103 or 66-8-104 NMSA 1978 is intended to h r i s authorize [any ] a police officer or [any] a judicial or h , t, probation officer to make [any ] an arrest or to direct the e u g e b l e e h performance of a [blood-alcohol ] chemical blood test except in n d d i = = o h the performance of [his ] that officer's official duties and as l ] b ,d i a º e otherwise authorized by law." r i = r t e 22w "66-8-104.d m a n o SECTION HHHCº 4.»HHHC HHHCº3.»HHHC Section 66-8-111 NMSA d m :

[BLOOD-ALCOHOL]b CHEMICAL BLOOD TESTS--[POLICE, c e d s kº 23o JUDICIALt OR PROBATION] OFFICER UNAUTHORIZED TO MAKE ARREST OR e a n b= 24.229259.2AIC DIRECTFebruary TEST6, EXCEPT2025 IN(7:50pm) PERFORMANCEs OFk OFFICIALm DUTIESe u [ [AUTHORIZED BY LAW].--Nothing in Sections [64-8-103 or 64-8-104 .229259.2 - 1213 - NMSAe 1953] 66-8-103 or 66-8-104 NMSA 1978 is intended to authorize [any] a policen officere ord [any]r ae judiciall oru probation[ officerA tod make(being [any]Laws an1978, arrestChapter or35, toSection direct519, the performance of a [blood-alcohol] chemical blood test except in the performance of [his] that officer's official duties and as otherwiseamended) authorizedis byamended law."to SECTIONread: 4.

Section 66-8-111 NMSA 1978 (being Laws 1978, Chapter 35, Section 519, as amended) is amended to read:

If a person under arrest for violation of an offense enumerated in the Motor Vehicle Code refuses upon request of a law enforcement officer to submit to chemical tests designated by the law enforcement agency as provided in Section 66-8-107 NMSA 1978, none shall be administered except when a municipal judge, magistrate or district judge issues a e t 17 search warrant authorizing chemical tests as provided in w l n d 18 Section 66-8-107 NMSA 1978 upon finding in a law enforcement = = 19 a l officer's written affidavit that there is probable cause to i a e r 20 believe that the person has driven a motor vehicle while under a t m m 21 the influence of alcohol,alcohol cannabisHHHCº , cannabis»HHHC or a controlled substance d r e 22 thereby causing the death or great bodily injury of h another c e s k 23 person, or there is probable cause to believe that the personu e» ar nperson b 24 has committed a felony or misdemeanor while under the influencet uh [g e l i influence of alcohol,alcohol cannabisHHHCº , cannabis»HHHC or a controlled substanceh andr thati .229259.2s -substance 13and -that chemical tests as provided in Section h , e h 66-8-107 NMSA 1978 will produce material evidence in a [felony][felony ] t u g e b l e e , gh criminal prosecution.

n d d i = = o h B.

If a person under arrest for violation of an offensel enumerated] inb the,d Motori Vehicle Code refuses upon request of a lawº enforcementr officeroffense toenumerated submit to chemical tests designated by the law enforcement agency as provided in Subsection A of this section and the personMotor doesVehicle notCode causerefuses greatupon bodilye injuryr of= anothert persone orw thered ism probable cause to believe the person has committed a misdemeanorn whileo underrequest the influence of alcohol, cannabis or a controlledlaw substance,enforcement theofficer person'sto chargesubmit may be aggravated pursuant to thechemical provisionsd ofm Section: 66-8-102 NMSA 1978.

Theb department,r upone receiptt ofº ao statementt signedn under= penalty.229259.2AIC ofFebruary perjury6, from2025 a(7:50pm) laws enforcementk officerm statinge the- officer's14 reasonable- groundse toa believen thee arrestedd personr hade beenl drivingu a[ motorA vehicled withintests thisdesignated stateby while under the influencelaw ofenforcement eagency tas 17provided intoxicatingin liquor,Subsection cannabisA orof drugsthis section and that, upon request, w l n d 18 the person refuseddoes tonot submitcause togreat abodily chemicalinjury testof afteranother beingperson =or =there 19is aprobable lcause advised that failure to submitbelieve couldthe resultperson inhas revocationcommitted of i a emisdemeanor rwhile 20under the person'sinfluence privilegeof toalcohol drive,HHHCº, shallcannabis»HHHC revokeor the person's New a tcontrolled msubstance, mthe 21person's Mexicocharge driver'smay licensebe oraggravated anypursuant nonresidentto operatingthe privilegeprovisions d r e 22 for a period of oneSection year66-8-102 orNMSA until1978. all conditions for license c e s k 23 reinstatement are met, whichever is later.

eThe department, upon receipt of a nstatement bsigned 24under C.penalty of perjury from a law enforcement officer 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 HHHCº , cannabis»HHHC or drugs and that, upon request, the person refused to submit to a chemical test after being advised that failure to submit could result in revocation of the person's privilege to drive, shall revoke the person's New Mexico driver's license or any h nonresident operating privilege for a period of one year or u » r until all conditions for license reinstatement are met, t h g e l i whichever is later.

Theh department,r uponi receipts ofC. a statement u [ signed under penalty of perjury from a law enforcement officer .229259.2 - 14 - 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 66-8-107 NMSA 1978 and the test results indicated an alcohol concentration in the person's blood or breath of eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more if the person is less than twenty-one years of age, shall revoke the person's license or permit to drive or [his] the person's nonresident operating privilege for a period of:

The department, upon receipt of a statement h , e h signed under penalty of perjury from a law enforcement officer t u g e b l e e , gh stating the officer's reasonable grounds to believe the n d d i = = o h arrested person had been driving a motor vehicle within this l ] b ,d i a º r state while under the influence of intoxicating liquor and that e r = t e w d m a n o the person submitted to chemical testing pursuant to Section d m :

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 15 - e a n e d r e l u [ A d 66-8-107 NMSA 1978 and the test results indicated an alcohol concentration in the person's blood or breath of eight one hundredths or more if the person is twenty-one years of age or older, four one hundredths or more if the person is driving a commercial motor vehicle or two one hundredths or more if the person is less than twenty-one years of age, shall revoke the person's license or permit to drive or [his ] the person's nonresident operating privilege for a period of:

(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 a l arrest, notwithstanding any provision of the Children's Code;

i a e r 20 or ah t m m 21 (3) one year or until all conditions for du » r e 22 license reinstatement are met, whichever is later, if the ct eh sg ke 23l i [person has previously had his]his ] person's license has been eh ar ni bs 24 revoked previously pursuant to the provisions of this section, uh [, e h notwithstanding the provisions of Paragraph (1) of this .229259.2t -u 15g -e b l e e , gh subsection.

n d d i = = o h D.

The determination of alcohol concentration shall l ] b ,d i a º r be based on the grams of alcohol in one hundred milliliters of e r = t e w d m a n o blood or the grams of alcohol in two hundred ten liters of breath.d m :

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 16 - e a n e d r e l u [ A d breath.

If the person subject to the revocation provisions of this section is a resident or will become a resident within one year and is without a license to operate a motor vehicle in this state, the department shall deny the issuance of a license to [him][him ] the person for the appropriate period of time as provided in Subsections B and C of this section.

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

= = 19 a l The statement may be signed and submitted electronically in a i a e r 20 manner and form approved by the department A law enforcement ah t m m 21 officer who signs a statement knowing that the statement is dg ro et 22hr untrue in any material issue or matter is guilty of perjury as cg e si k 23 provided in Section 66-5-38 NMSA 1978.

eHHHCº a"»HHHC nh br 24i G.s HHHCºG.

uh [, t, (1) all parts of the plant genus Cannabis .229259.2e -u 16g -e b l e e h containing a delta-9-tetrahydrocannabinol concentration of more n d d i = = o h than three-tenths percent on a dry weight basis, whether l ] b ,d i a º e growing or not;

the resin extracted r i = r t e w d m a n o from any part of the plant;

and every compound, manufacture, salt,d derivative,m mixture: or preparation of the plant, its seeds or its resin;

b e d s º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 17 - e a n e d r e l u [ A d salt, derivative, mixture or preparation of the plant, its seeds or its resin;

and e t 17 (3) a cannabis product that is or that w l n d 18 contains cannabis or cannabis extract, including edible or = = 19 a l topical products that may also contain other ingredients."ingredients."»HHHC iSECTION aHHHCº5.»HHHC eHHHCº4.»HHHC rSection 2066-8-111.1 SECTIONh 5.g NMSA 1978 (being Laws 1984, Chapter 72, Section 7, as amended) o t hr is amended to read:

Sectiong 66-8-111.1e NMSAi 1978k (being"66-8-111.1. Laws 1984, a t m m 21 Chapter 72, Section 7, as amended) is amended to read:

dLAW ENFORCEMENT OFFICER AGENT FOR h r i s h DEPARTMENT--WRITTEN NOTICE OF REVOCATION AND RIGHT TO , t, e 22u "66-8-111.1.g HEARING.-- e b l e e h A.

LAWOn ENFORCEMENTbehalf OFFICERof AGENTthe FORdepartment, ca law enforcement n d d i = = o h officer requesting a chemical test or directing the l ] b ,d i a º e sr ki 23= DEPARTMENT--WRITTENr NOTICEadministration OFof REVOCATIONa ANDchemical RIGHTtest TOpursuant to [Section ] t e w d m a n bo 24Sections HEARING.--66-8-107 uand [66-8-111 A.NMSA 1978 shall serve immediate d m :

Onb behalfe ofd thes department,º ao lawt enforcementn .229259.2= -.229259.2AIC 17February -6, officer2025 requesting(7:50pm) as chemicalk testm ore directing- the18 administration- ofe a chemicaln teste pursuantd tor [Section]e Sectionsl 66-8-107u and[ 66-8-111A NMSAd 1978 shall serve immediate written notice of revocation and of right to a hearing before the administrative hearings office pursuant to the Implied Consent Act on a person who:

e t 17 B.

The written notice of revocation and of a right w l n d 18 to a hearing served on the driver shall be a temporary license = = 19 a l valid for twenty days or, if the driver requests a hearing ih a e r 20 pursuant to Section 66-8-112 NMSA 1978, valid until the date au t» mr m 21 the administrative hearings office issues the order following dt rh g e 22l i that hearing;

provided that a written notice of revocation and ch er i s k 23 right to a hearing shall not be a temporary license for a eh a, ne bh 24 driver without any otherwise valid driving privileges in this t u [g e b l e e , gh state.

.229259.2n -d 18d -i = = o h C.

The law enforcement officer shall send to the l ] b ,d i a º r department the signed statement required pursuant to Section e r = t e w d m a n o 66-8-111 NMSA 1978." SECTIONd 6.m :

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 19 - e a n e d r e l u [ A d SECTION HHHCº6.»HHHC HHHCº5.»HHHC Section 66-13-1 NMSA 1978 (being Laws 2003, Chapter 241, Section 1) is amended to read:

SHORT TITLE.--[Sections 1 through 13 of this act] Chapter 66, Article 13 NMSA 1978 may be cited as the "Boating While Intoxicated Act"." SECTION 7.HHHCº 7.»HHHC HHHCº6.»HHHC Section 66-13-6 NMSA (being Laws 2003, Chapter 241, Section 6) is amended to read:

Section 66-13-6 NMSA 1978 (being Laws 2003, Chapter 241, Section 6) is amended to read:

[BLOOD-ALCOHOL] CHEMICAL BLOOD TESTS--PERSONS QUALIFIED TO PERFORM TESTS--RELIEF FROM CIVIL AND CRIMINAL LIABILITY.--Only a physician, licensed professional or practical nurse, [or laboratory technician]technician ] emergency medical technician or certified phlebotomist or a technologist employed by a hospital or physician shall withdraw blood from a person e t 17 in the performance of a [blood-alcohol or drug]drug ] chemical blood wh l n d 18 test.

A physician, nurse, technician, phlebotomist or =g =o 19t ahr l technologist who withdraws blood from a person in the ig a e ri 20k performance of a [blood-alcohol or drug]drug ] chemical blood test ah tr mi ms 21 that has been directed by a law enforcement officer, or by a dh r, et, 22 judicial or probation officer, shall not be held liable in a ce u g e sb kl 23e e h civil or criminal action for assault, battery, false en ad nd bi 24= = o h imprisonment or any conduct of a law enforcement officer, ul [] b ,d i a º e except for negligence, nor shall a person assisting in the .229259.2r -i 19= -r performancet ofe thew test,d orm a hospitaln whereino blood is withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a lawhospital enforcementwherein officer,blood exceptis ford negligence."m SECTION: 8.

b e d s º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e - 20 - e a n e d r e l u [ A d withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence." SECTION HHHCº 8.»HHHC HHHCº7.»HHHC Section 66-13-7 NMSA 1978 (being Laws 2003, Chapter 241, Section 7) is amended to read:

[BLOOD-ALCOHOL] CHEMICAL BLOOD TEST--[LAW ENFORCEMENT, JUDICIAL OR PROBATION] OFFICER UNAUTHORIZED TO MAKE ARREST OR DIRECT TEST EXCEPT IN PERFORMANCE OF OFFICIAL DUTIES [AUTHORIZED BY LAW].--NothingLAW ].--Nothing in the Boating While Intoxicated Act is intended to authorize a law enforcement officer, or a judicial or probation officer, to make an arrest or direct the performance of a [blood-alcohol or drug]drug ] chemical blood test, except in the performance of [his] that officer's official duties or as otherwise authorized by law." eh t- 1721 - 20u -» wr t h g e l ni dh 18r =i =s 19h a, le ih at u g e rb 20l ae te m, mgh 21n d rd ei 22= c= o h l ] b ,d i a º r e sr k= 23t e w d m a n bo 24d um [: .229259.2

b r e t º o t n = .229259.2AIC February 6, 2025 (7:50pm) s k m e e a n e d r e l u [ A d