SB 7 — DRIVER'S LICENSE SUSPENSION PENALTIES

SENATE BILL 7 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Peter Wirth 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby DRIVER'Sa LICENSES;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

CHANGINGThe THEdocument PENALTIESis FORa THEtool SUSPENSIONto OFshow Aamendments DRIVER'Sin LICENSE.context and cannot be used for the purpose of adding amendments to legislation.

14AN BEACT ITh ENACTEDRELATING BYTO THEDRIVER'S LEGISLATURELICENSES; OF THE STATE OF NEW MEXICO:

SECTIONCHANGING 1.THE PENALTIES FOR THE g o SUSPENSION OF A DRIVER'S LICENSE.

Sectiont 66-5-25hr NMSAg 1978e (beingi Lawsk 1978,h Chapterr 35,i Sections 247,BE asIT amended)ENACTED isBY amendedTHE toLEGISLATURE read:OF THE STATE OF NEW MEXICO:

eh t, 17t, "66-5-25.SFCº SECTION 1.

SUSPENDINGSection PRIVILEGES66-5-25 OFNMSA NONRESIDENTS--1978 w(being lLaws ne du 18g REPORTINGe CONVICTIONSb [FAILURESl TOe APPEAR--FAILURESe TOh PAY1978, ].--Chapter =35, =Section 19247, A.as amended) is amended to read:

Then privileged ofd driving a motor vehicle on the a l i a= e= ro 20h highways"66-5-25. of this state given to a nonresident shall be subject a t m m 21 to suspension or revocation by the division in like manner and d r e 22 for like cause as a driver's license may be suspended or c e s k 23 revoked.

SUSPENDING PRIVILEGES OF NONRESIDENTS-- l ] b ,d i a º e REPORTING CONVICTIONS [FAILURES TO APPEAR--FAILURES TO PAY].-- r i = r t e w d m a n bo 24A. B.

The divisionprivilege is further authorized, upon u [ receiving a record of thedriving conviction in this state of a .218172.2 nonresident driver of a motor vehicle ofon any offense under the motord vehiclem laws: of this state, [or of notice of failure to appear or upon determination by the division of failure to pay a penalty assessment] to forward the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

b e d s º o t n = .218172.2AIC March 5, 2021 (11:28am) s k m e e a n e d r e l u [ A d highways of this state given to a nonresident shall be subject to suspension or revocation by the division in like manner and for like cause as a driver's license may be suspended or revoked.

B.

The division is further authorized, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, [or of notice of failure to appear or upon determination by the division of failure to pay a penalty assessment] to forward the record to the motor vehicle administrator in the state wherein the person so convicted is a resident.

Upon a request by a tribe, the division is authorized to forward to a tribal court or other authority, as specified in an applicable intergovernmental agreement, the record of the conviction in this state of a resident driver of h a motor vehicle, who is subject to the jurisdiction of the u » r t h tribe, of any offense under the Motor Vehicle Code [or of g e l i notice of failure to appear or upon determination by the h r i s division of a failure to pay a penalty assessment]."assessment]."»SFC h , e h t u g SECTION 2.SFCº2.»SFC SFCº1.»SFC Section 66-5-26 NMSA 1978 e b l e e , gh (being Laws 1978, Chapter 35, Section 248, as amended) is n d d i = = o h amended to read:

Sectionl 66-5-26] NMSAb 1978,d (beingi Lawsa 1978,º Chapterr 35,e Sectionr 248,= as"66-5-26. amended) is amended to read:

eSUSPENDING RESIDENT'S LICENSE [CONVICTION t e 17w "66-5-26.d m a n o d m :

SUSPENDINGb RESIDENT'Sr LICENSEe [CONVICTIONt º o t n = .218172.2AIC March 5, 2021 (11:28am) s k m e - 2 - e a n e d 18r e l u [ A d FAILURE TO APPEAR--FAILURE TO PAY IN ANOTHER STATE OR TRIBAL = = l ] 19 JURISDICTION]--AUTOMATIC REINSTATEMENT WITHOUT FEE.-- a l r i 20 A.

The division is authorized to suspend or revoke t e a t the license of a resident of this state or the privilege of a m m 21 e d r e 22 nonresident to drive a motor vehicle in this state upon c e r c 23 receiving notice of the conviction of such person in another e a n b 24 state or by a tribe of an offense that if committed within the u [ jurisdiction of this state, would be grounds for the suspension .218172.2 - 2 - or revocation of the license of a driver.

In addition, the division is authorized to suspend the license of a resident of this state, or the privilege of a nonresident to drive a motor vehicle in this state, upon receiving notice of failure to appear or pay a 6 penalty assessment imposed by a tribe or imposed in another state that is a signatory of the Nonresident Violator Compact with New Mexico.] h B.

A person whose driver's license was suspended u » r solely for nonpayment or failure to appear priorSJCºprior to July 1, 2021,t h g e l i 2021»SJC , and who is otherwise eligible to drive, may have the h r i s person's driver's license reinstated and shall not be required h , e h to pay a reinstatement fee."fee. SECTION 3.

SectionSJCºNo 66-5-30later NMSAthan 1978September (being1, Lawst 1978,u Chapterg 35,e Sectionb 252,l ase amended)e , gh 2021, the department shall without requiring a reinstatement n d d i = = o h fee reinstate the driver's license or nonresident operating l ] b ,d i a º r privilege of every person whose license or nonresident e r = t e w d m a n o operating privilege is amendedsuspended tosolely read:for nonpayment or d m :

b r e t º o t n = .218172.2AIC March 5, 2021 (11:28am) s k m e - 3 - e a n e d r e l u [ A d failure to appear and who is otherwise eligible to drive.»SJC " SECTION SFCº3.»SFC SFCº2.»SFC Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:

AUTHORITY OF DIVISION TO SUSPEND OR REVOKE e e 17 LICENSE.-- e e n d 18 A.

The division may suspend the instruction permit, = = l ] 19 driver's license or provisional license of a driver without a l r i 20 preliminary hearing upon a showing by its records or other t e a t sufficient evidence, including information provided to the m m 21 e d r e 22 state pursuant to an intergovernmental agreement authorized by c e r c 23 Section 66-5-27.1 NMSA 1978, that the licensee:

e a n b 24 (1) has been convicted of an offense for which u [ mandatory revocation of license is required upon conviction;

.218172.2 - 3 - (2) has been convicted as a driver in an accident resulting in the death or personal injury of another h or serious property damage;

g o t hr (3) has been convicted with such frequency of g e i k offenses against traffic laws or rules governing motor vehicles h r i s as to indicate a disrespect for traffic laws and a disregard h , t, for the safety of other persons on the highways;

e u g e b l e e h (4) is an habitually reckless or negligent n d d i = = o h driver of a motor vehicle;

l ] b ,d i a º e (5) is incompetent to drive a motor vehicle;

r i = r t e w d m a n o (6) has permitted an unlawful or fraudulent used ofm the: license;

b e d s º o t n = .218172.2AIC March 5, 2021 (11:28am) s k m e - 4 - e a n e d r e l u [ A d use of the license;

e e 17 (8) has violated provisions stipulated by a e e n d 18 district court in limitation of certain driving privileges;

or = = l ] 19 (9) has accumulated seven points, but less a l r i 20 than eleven points, and when the division has received a t e a t recommendation from a municipal or magistrate judge that the m m 21 e d r e 22 license be suspended for a period not to exceed three months.

c e r c 23 B.

The division may issue an administrative e a n b 24 suspension of the instruction permit, driver's license or u [ provisional license of a driver without preliminary hearing .218172.2 - 4 - upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an h intergovernmental agreement authorized by Section 66-5-27.1 u » r NMSA 1978, that the licensee has failed to t h g e l i [(1) fulfill a signed promise to appear or h r i s notice to appear in court as evidenced by notice from a state h , e h court or tribal court, whenever appearance is required by law t u g e b l e e , gh or by the court as a consequence of a charge or conviction n d d i = = o h under the Motor Vehicle Code or pursuant to the laws of the l ] b ,d i a º r tribe;

(2)e payr a= penaltyt assessmente withinw thirtyd daysm ofa then dateo of(2) issuancepay bya thepenalty stateassessment orwithin athirty tribe;d m :

b r e t º o t n = .218172.2AIC March 5, 2021 (11:28am) s k m e - 5 - e a n e d r e l u [ A d days of the date of issuance by the state or a tribe;

e e 17 C.

If a person whose license was issued by a e e n d 18 jurisdiction outside New Mexico that is a party to the = = l ] 19 Nonresident Violator Compact fails to comply with the terms of a l r i 20 a citation issued in New Mexico, the department shall notify t e a t that other jurisdiction of the failure and that jurisdiction m m 21 e d r e 22 shall initiate a license suspension action in accordance with c e r c 23 the provisions of Article IV of the Nonresident Violator e a n b 24 Compact.

u [ D.