SB 159 — CONVICTION RECORDS FOR CDL HOLDERS

SENATEAN BILLACT 159RELATING 53RDTO LEGISLATUREMOTOR -VEHICLES; STATE OF NEW MEXICO - SECOND SESSION , 2018 INTRODUCED BY Cliff R.

Pirtle and David M.

Gallegos 6 8 10 AN ACT RELATING TO MOTOR VEHICLES;

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

e t 17 SECTION 1.

Section 66-8-135 NMSA 1978 (being Laws 1978, w l n d 18 Chapter 35, Section 543, as amended) is amended to read:

= = 19 "66-8-135.

RECORD OF TRAFFIC CASES.-- a l i a e r 20 A.

Every trial court judge shall keep a record of a t m m 21 every traffic complaint, uniform traffic citation and other d r e 22 form of traffic charge filed in the judge's court or its c e s k 23 traffic violations bureau and every official action and e a n b 24 disposition of the charge by that court.

u [ B.

The court shall notify the department if a .209285.3 defendant fails to appear on a charge of violating the Motor Vehicle Code or other law or ordinance relating to motor vehicles.

Within ten days of the later of entry of a final disposition on a conviction for violation of the Motor Vehicle Code or other law or ordinance relating to motor vehicles or the final decision of any higher court that reviews the matter and from which no appeal or review is SB 159 successfully taken, every trial court judge, including Page 1 children's court judges, or the clerk of the court in which the entry of the final disposition occurred shall prepare and forward to the department an abstract of the record containing:

e e 17 (3) the plea, finding of the court and e e n d 18 disposition of the charge, including a fine or jail sentence or = = l ] 19 both;

a l r i 20 (4) total costs assessed to the defendant;

t e a t (5) the date of the hearing;

m m 21 e d r e 22 (6) the court's name and address;

c e r c 23 (7) whether the defendant was a first or e a n b 24 subsequent offender;

and u [ (8) whether the defendant was represented by .209285.3 - 2 - counsel or waived the right to counsel and, if represented, the name and address of counsel.

A report need not be made SB 159 Page 2 of any disposition of a charge of illegal parking or standing of a vehicle except when the uniform traffic citation is used.

With the e e 17 prior approval of the department, the information required by e e n d 18 this subsection may be submitted electronically to the = = l ] 19 department.

The report shall be forwarded to the department a l r i 20 within ten days of the final decision of the court or of any t e a t higher court that reviews the matter and from which the m m 21 e d r e 22 decision of no appeal or review is successfully taken.

c e r c 23 G.

The willful failure or refusal of any judicial e a n b 24 officer to comply with this section is misconduct in office and u [ grounds for removal.

.209285.3 - 3 - H.

Records showing a record of conviction by a court of law shall be open to public inspection during business hours for three years from the date of their receipt, after which they shall SB 159 Page 3 be destroyed by the department, except for records of convictions under Sections 66-8-101 through 66-8-112 NMSA 1978, which may not be destroyed until fifty-five years from the date of their receipt.

The department shall keep records received on a person holding a commercial driver's license or an individual driving a commercial motor vehicle who was required to have a e e 17 commercial driver's license but was driving a commercial motor e e n d 18 vehicle without the appropriate license in its main office.

= = l ] 19 Records showing a record of conviction by a court of law shall a l r i 20 be open to public inspection during business hours for [fifty- t e a t five years] six years from the date of their receipt, except m m 21 e d r e 22 for a record of conviction required to be retained for a longer c e r c 23 period under federal law, which shall be retained as provided e a n b 24 in federal law, or a record of conviction under Sections u [ 66-8-101 through 66-8-112, which shall be retained for fifty-fifty-five .209285.3 - 4 - five years from the date of receipt.

Any record received on a person holding a commercial driver's license licensed in another state or country shall be forwarded to the licensing authority of that state or country." SB 159 Page 4 SECTION 2.

-SB 5159 -Page 115 134 156 e8 e25 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .209285.3