New Mexico 2021 Regular Session Status: Passed House

HB 119 — TRAFFIC TICKET PAYMENTS

Last action — DO PASS committee report adopted

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    Introduced
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    To Executive
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    Enacted

This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

670 added · 577 removed

Plain-language change summary

The new version of House Bill 119 clarifies that a traffic citation is considered a summons and requires that citations be submitted to the appropriate court within five days of being issued. It removes the previous provision that allowed for the administrative suspension of certain permits or licenses by the Taxation and Revenue Department. These changes matter because they streamline the process for handling traffic citations, ensuring that individuals can address their citations more efficiently and that the courts receive the necessary documentation in a timely manner.

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HOUSE BILL 119 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Eliseo Lee Alcon 6 8 10 AN ACT RELATING TO TRAFFIC CITATIONS;
HOUSE BILL 119 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Eliseo Lee Alcon This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
PROVIDING FOR REMITTANCE OF PENALTY ASSESSMENTS TO THE COURTS;
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
REMOVING A CONDITION ALLOWING THE TAXATION AND REVENUE DEPARTMENT TO PERFORM AN ADMINISTRATIVE SUSPENSION OF CERTAIN PERMITS OR LICENSES;
h AN ACT g o RELATING TO TRAFFIC CITATIONS;
ALLOWING A PERSON CHARGED WITH A TRAFFIC CITATION TO PAY THE PENALTY ASSESSMENT ANY TIME BEFORE APPEARANCE IN COURT;
PROVIDING FOR REMITTANCE OF t hr g e i k PENALTY ASSESSMENTS TO THE COURTS;
e t 17 PROVIDING THAT A UNIFORM TRAFFIC CITATION IS A SUMMONS;
REMOVING A CONDITION h r i s ALLOWING THE TAXATION AND REVENUE DEPARTMENT TO PERFORM AN h , t, ADMINISTRATIVE SUSPENSION OF CERTAIN PERMITS OR LICENSES;
w l n d 18 REQUIRING THAT A TRAFFIC CITATION BE SUBMITTED TO THE = = 19 a l APPROPRIATE COURT WITHIN FIVE DAYS OF ISSUANCE;
e u g e b l e e h ALLOWING A PERSON CHARGED WITH A TRAFFIC CITATION TO PAY THE n d d i = = o h PENALTY ASSESSMENT ANY TIME BEFORE APPEARANCE IN COURT;
REPEALING i a e r 20 SECTION 66-8-117 NMSA 1978 (BEING LAWS 1978, CHAPTER 35, a t m m 21 SECTION 525, AS AMENDED).
l ] b ,d i a º e PROVIDING THAT A UNIFORM TRAFFIC CITATION IS A SUMMONS;
d r e 22 c e s k 23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
r i = r t e w d m a n o REQUIRING THAT A TRAFFIC CITATION BE SUBMITTED TO THE d m :
e a n b 24 SECTION 1.
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e e a n e d r e l u [ A d APPROPRIATE COURT WITHIN FIVE DAYS OF ISSUANCE;
Section 29-5-1.1 NMSA 1978 (being Laws 1981, u [ Chapter 304, Section 1, as amended) is amended to read:
REPEALING SECTION 66-8-117 NMSA 1978 (BEING LAWS 1978, CHAPTER 35, SECTION 525, AS AMENDED).
.218264.1SA "29-5-1.1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
Section 29-5-1.1 NMSA 1978 (being Laws 1981, Chapter 304, Section 1, as amended) is amended to read:
"29-5-1.1.
The board of regents of each state educational institution designated in Article 12, Section 11 of the constitution of New Mexico that is located within a county having a population in excess of ninety-five thousand according to the most recent federal decennial census may promulgate regulations governing the operation and parking of vehicles on any area within the exterior boundaries of lands under its control [which] that is not a municipal street or highway, including [but not limited to]:
The board of regents of each state educational institution designated in Article 12, Section 11 of the constitution of New Mexico that is located within a county having a population in excess of ninety-five thousand according to the most recent federal decennial census may promulgate regulations governing the operation and parking of vehicles on any area within the exterior boundaries of lands under its control [which ] that is not a municipal street or highway, h g including [but not limited to ]:
(1) limiting the rates of speed;
o t hr (1) limiting the rates of speed;
(2) assigning parking spaces, designating parking areas and their uses and collecting rent for them;
g e i k (2) assigning parking spaces, designating h r i s h parking areas and their uses and collecting rent for them;
(3) prohibiting parking;
, t, e u g (3) prohibiting parking;
(4) removing vehicles parked in violation of e t 17 campus traffic regulations at the expense of the violator, who w l n d 18 shall pay the expense before the vehicle is released;
e b l e e h (4) removing vehicles parked in violation of n d d i = = o h campus traffic regulations at the expense of the violator, who l ] b ,d i a º e r i = r shall pay the expense before the vehicle is released;
and = = 19 a l (5) instituting a system of vehicle i a e r 20 registration for the identification and regulation of vehicles a t m m 21 regularly using institutional premises, including a reasonable d r e 22 charge to defray costs of providing parking and traffic c e s k 23 enforcement services and campus parking.
and t e w d m a n o (5) instituting a system of vehicle d m :
e a n b 24 B.
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 2 - e a n e d r e l u [ A d registration for the identification and regulation of vehicles regularly using institutional premises, including a reasonable charge to defray costs of providing parking and traffic enforcement services and campus parking.
Areas subject to campus traffic regulations u [ shall be marked with signs conforming with standards used by .218264.1SA - 2 - the [state highway and] department of transportation [department].
B.
Areas subject to campus traffic regulations shall be marked with signs conforming with standards used by the [state highway and ] department of transportation [department ].
Except as provided by Subsection J of this section, unless a warning notice or a parking citation is given, at the time of making an arrest for [any] a violation of this section, the arresting officer shall offer the alleged violator the option of accepting a penalty assessment or appearing in the metropolitan, municipal or magistrate court within five days after issuance of the citation.
Except as provided by Subsection J of this h section, unless a warning notice or a parking citation is g o t hr given, at the time of making an arrest for [any ] a violation of g e i k this section, the arresting officer shall offer the alleged h r i s violator the option of accepting a penalty assessment or h , t, appearing in the metropolitan, municipal or magistrate court e u g e b l e e h within five days after issuance of the citation.
The e t 17 violator's signature on the penalty assessment notice w l n d 18 constitutes [as] an acknowledgment of guilt of the offense = = 19 a l stated in the notice.
The n d d i = = o h violator's signature on the penalty assessment notice l ] b ,d i a º e constitutes [as ] an acknowledgment of guilt of the offense r i = r t e w d m a n o stated in the notice.
i a e r 20 E.
d m :
Payment of [any] a parking violation penalty a t m m 21 assessment shall be made by mailing the payment within five d r e 22 days from the date the citation was issued to the university c e s k 23 police office for processing in the manner prescribed by the e a n b 24 board of regents.
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 3 - e a n e d r e l u [ A d E.
u [ F.
Payment of [any] a parking violation penalty assessment shall be made by mailing the payment within five days from the date the citation was issued to the university police office for processing in the manner prescribed by the board of regents.
Payment of [any] a moving violation penalty .218264.1SA - 3 - assessment shall be made by mailing the payment within thirty days from the date of issuance of the citation to the [motor vehicle division of the taxation and revenue department, Santa Fe] magistrate, metropolitan or municipal court whose address appears on the citation.
F.
Payment of [any] a moving violation penalty assessment shall be made by mailing the payment within thirty days from the date of issuance of the citation to the [motor vehicle division of the taxation and revenue department, Santa Fe] magistrate, metropolitan or municipal court whose address appears on the citation.
G.
h G.
No record of [any] a penalty assessment payment is admissible as evidence in [any] a court in [any] a civil action.
No record of [any] a penalty assessment payment g o t hr is admissible as evidence in [any ] a court in [any] a civil g e i k action.
H.
h r i s H.
If a penalty assessment is not paid within thirty days from the date of issuance of the citation, the violator shall be prosecuted for the violation charged on the e t 17 penalty assessment notice in a manner as if a penalty w l n d 18 assessment notice had not been issued.
If a penalty assessment is not paid within h , t, thirty days from the date of issuance of the citation, the e u g e b l e e h violator shall be prosecuted for the violation charged on the n d d i = = o h penalty assessment notice in a manner as if a penalty l ] b ,d i a º e assessment notice had not been issued.
= = 19 a l I.
r i = r t e w d m a n o I.
[Any] A penalty assessment collected by the i a e r 20 [motor vehicle division of the taxation and revenue department] a t m m 21 magistrate or metropolitan court whose address appears on the d r e 22 citation pursuant to Subsection F of this section shall be c e s k 23 remitted to the state treasurer for deposit into the current e a n b 24 school fund.
[Any] A penalty assessment collected by the d m :
[Any] An administrative cost assessment collected u [ by the [division] court pursuant to this section shall be .218264.1SA - 4 - remitted within thirty days to the state educational institution [which] that issued the citation for administering parking and traffic regulations on that campus.
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 4 - e a n e d r e l u [ A d [motor vehicle division of the taxation and revenue department] magistrate or metropolitan court whose address appears on the citation pursuant to Subsection F of this section shall be remitted to the state treasurer for deposit into the current school fund.
[Any] An administrative cost assessment collected by the [division ] court pursuant to this section shall be remitted within thirty days to the state educational institution [which ] that issued the citation for administering parking and traffic regulations on that campus.
(1) speeding in excess of twenty-five miles an hour in excess of the speed limit;
(1) speeding in excess of twenty-five miles an h hour in excess of the speed limit;
(2) operating a vehicle while under the influence of alcohol or drugs;
g o t hr (2) operating a vehicle while under the g e i k influence of alcohol or drugs;
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or (3) an offense [which] that has caused or contributed to the cause of an accident resulting in injury or death to [any] a person.
or h r i s (3) an offense [which ] that has caused or h , t, contributed to the cause of an accident resulting in injury or e u g e b l e e h death to [any ] a person.
e t 17 K.
n d d i = = o h K.
The uniform traffic citation form approved by w l n d 18 the director of the motor vehicle division of the taxation and = = 19 a l revenue department shall be used as the complaint for i a e r 20 violations of regulations promulgated pursuant to the a t m m 21 provisions of this section.
The uniform traffic citation form approved by l ] b ,d i a º e the director of the motor vehicle division of the taxation and r i = r t e w d m a n o revenue department shall be used as the complaint for d m :
Citations for moving violations d r e 22 shall be issued in the manner set forth in Sections 66-8-123 c e s k 23 through 66-8-127 NMSA 1978." e a n b 24 SECTION 2.
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 5 - e a n e d r e l u [ A d violations of regulations promulgated pursuant to the provisions of this section.
Section 66-5-30 NMSA 1978 (being Laws 1978, u [ Chapter 35, Section 252, as amended) is amended to read:
Citations for moving violations shall be issued in the manner set forth in Sections 66-8-123 through 66-8-127 NMSA 1978." SECTION 2.
.218264.1SA - 5 - "66-5-30.
Section 66-5-30 NMSA 1978 (being Laws 1978, Chapter 35, Section 252, as amended) is amended to read:
"66-5-30.
(2) has been convicted as a driver in an accident resulting in the death or personal injury of another or serious property damage;
h (2) has been convicted as a driver in an g o t hr accident resulting in the death or personal injury of another g e i k or serious property damage;
(3) has been convicted with such frequency of offenses against traffic laws or rules governing motor vehicles as to indicate a disrespect for traffic laws and a disregard e t 17 for the safety of other persons on the highways;
h r i s (3) has been convicted with such frequency of h , t, offenses against traffic laws or rules governing motor vehicles e u g e b l e e h as to indicate a disrespect for traffic laws and a disregard n d d i = = o h for the safety of other persons on the highways;
w l n d 18 (4) is an habitually reckless or negligent = = 19 a l driver of a motor vehicle;
l ] b ,d i a º e (4) is an habitually reckless or negligent r i = r t e w d m a n o driver of a motor vehicle;
i a e r 20 (5) is incompetent to drive a motor vehicle;
d m :
a t m m 21 (6) has permitted an unlawful or fraudulent d r e 22 use of the license;
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 6 - e a n e d r e l u [ A d (5) is incompetent to drive a motor vehicle;
c e s k 23 (7) has been convicted of an offense in e a n b 24 another state or tribal jurisdiction that if committed within u [ this state's jurisdiction would be grounds for suspension or .218264.1SA - 6 - revocation of the license;
(6) has permitted an unlawful or fraudulent use of the license;
(7) has been convicted of an offense in another state or tribal jurisdiction that if committed within this state's jurisdiction would be grounds for suspension or revocation of the license;
The division may issue an administrative suspension of the instruction permit, driver's license or provisional license of a driver without preliminary hearing upon a showing by its records or other sufficient evidence, including information provided to the state pursuant to an intergovernmental agreement authorized by Section 66-5-27.1 NMSA 1978, that the licensee has failed to:
The division may issue an administrative suspension of the instruction permit, driver's license or provisional license of a driver without preliminary hearing h upon a showing by its records or other sufficient evidence, u » r including information provided to the state pursuant to an t h g e l i intergovernmental agreement authorized by Section 66-5-27.1 h r i s NMSA 1978, that the licensee has failed to:
(1) fulfill a signed promise to appear or notice to appear in court as evidenced by notice from a state e t 17 court or tribal court, whenever appearance is required by law w l n d 18 or by the court as a consequence of a charge or conviction = = 19 a l under the Motor Vehicle Code or pursuant to the laws of the i a e r 20 tribe;
h , e h (1) fulfill a signed promise to appear or t u g e b l e e , gh notice to appear in court as evidenced by notice from a state n d d i = = o h court or tribal court, whenever appearance is required by law l ] b ,d i a º r or by the court as a consequence of a charge or conviction e r = t e w d m a n o under the Motor Vehicle Code or pursuant to the laws of the d m :
or a t m m 21 [(2) pay a penalty assessment within thirty d r e 22 days of the date of issuance by the state or a tribe;
b r e t º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 7 - e a n e d r e l u [ A d tribe;
or c e s k 23 (3)] (2) comply with the terms of a citation e a n b 24 issued in a foreign jurisdiction that is a party to the u [ Nonresident Violator Compact and that has notified the .218264.1SA - 7 - department of the failure in accordance with the Nonresident Violator Compact.
or [(2) pay a penalty assessment within thirty days of the date of issuance by the state or a tribe;
or (3)] (2) comply with the terms of a citation issued in a foreign jurisdiction that is a party to the Nonresident Violator Compact and that has notified the department of the failure in accordance with the Nonresident Violator Compact.
D.
h D.
Upon suspending the license of a person as authorized in this section, the division shall immediately notify the licensee in writing of the licensee's right to a hearing before the administrative hearings office and, upon the licensee's request, shall notify the administrative hearings office.
Upon suspending the license of a person as u » r authorized in this section, the division shall immediately t h g e l i notify the licensee in writing of the licensee's right to a h r i s hearing before the administrative hearings office and, upon the h , e h licensee's request, shall notify the administrative hearings t u g e b l e e , gh office.
The administrative hearings office shall schedule the e t 17 hearing to take place as early as practicable, but within no w l n d 18 more than twenty days, not counting Saturdays, Sundays and = = 19 a l legal holidays, after receipt of the request.
The administrative hearings office shall schedule the n d d i = = o h hearing to take place as early as practicable, but within no l ] b ,d i a º r more than twenty days, not counting Saturdays, Sundays and e r = t e w d m a n o legal holidays, after receipt of the request.
The hearing i a e r 20 shall be held in the county in which the licensee resides a t m m 21 unless the hearing officer and the licensee agree that the d r e 22 hearing may be held in some other county;
The hearing d m :
provided that the c e s k 23 hearing request is received within twenty days from the date e a n b 24 that the suspension was deposited in the United States mail.
b r e t º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 8 - e a n e d r e l u [ A d shall be held in the county in which the licensee resides unless the hearing officer and the licensee agree that the hearing may be held in some other county;
u [ The hearing officer may, in the hearing officer's discretion, .218264.1SA - 8 - extend the twenty-day period.
provided that the hearing request is received within twenty days from the date that the suspension was deposited in the United States mail.
The hearing officer may, in the hearing officer's discretion, extend the twenty-day period.
The [division] administrative office of the courts shall remit all penalty assessment receipts, except receipts collected pursuant to Subsections A through [I] H of Section 66-8-116.3 NMSA 1978, to the state treasurer for credit to the general fund.
The [division] administrative office of the courts shall remit all penalty assessment receipts, except h receipts collected pursuant to Subsections A through [I ] H of g o t hr Section 66-8-116.3 NMSA 1978, to the state treasurer for credit g e i k to the general fund.
h r i s B.
The [division] administrative office of the h , t, courts shall remit all penalty assessment fee receipts e u g e b l e e h collected pursuant to:
n d d i = = o h (1) Subsection A of Section 66-8-116.3 NMSA l ] b ,d i a º e 1978 to the state treasurer for credit to the local government r i = r t e w d m a n o corrections fund;
d m :
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 9 - e a n e d r e l u [ A d (2) Subsection B of Section 66-8-116.3 NMSA to the state treasurer for credit to the court automation fund;
(3) Subsection C of Section 66-8-116.3 NMSA to the state treasurer for credit to the traffic safety education and enforcement fund;
(4) Subsection D of Section 66-8-116.3 NMSA to the state treasurer for credit to the judicial education fund;
(5) Subsection E of Section 66-8-116.3 NMSA to the state treasurer for credit to the jury and witness fee fund;
(6) Subsection F of Section 66-8-116.3 NMSA to the state treasurer for credit to the juvenile adjudication fund;
(7) Subsection G of Section 66-8-116.3 NMSA h 1978 to the state treasurer for credit to the brain injury g o t hr services fund;
and g e i k (8) Subsection H of Section 66-8-116.3 NMSA h r i s 1978 to the state treasurer for credit to the court facilities h , t, fund [and e u g e b l e e h (9) Subsection I of Section 66-8-116.3 NMSA n d d i = = o h 1978 to the state treasurer for credit to the magistrate courts l ] b ,d i a º e operations fund]." r i = r t e w d m a n o SECTION 4.
Section 66-8-123 NMSA 1978 (being Laws 1978, d m :
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 10 - e a n e d r e l u [ A d Chapter 35, Section 531, as amended) is amended to read:
"66-8-123.
CONDUCT OF ARRESTING OFFICER--NOTICES BY CITATION.-- A.
Except as provided in Section 66-8-122 NMSA 1978, unless a penalty assessment or warning notice is given, whenever a person is arrested for [any ] a violation of the Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation in paper or electronic form, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release the person from custody.
The [division] administrative office of the courts shall remit all penalty assessment fee receipts collected pursuant to:
Whenever a person is arrested for violation of a penalty assessment misdemeanor, [and elects to pay the penalty h assessment, the arresting officer, using the uniform traffic u » r citation in paper or electronic form, shall complete the t h g e l i information section and prepare the penalty assessment notice h r i s indicating the amount of the penalty assessment, have the h , e h arrested person sign the agreement to pay the amount t u g e b l e e , gh prescribed, give a copy of the citation along with a business n d d i = = o h reply envelope addressed to the motor vehicle division in Santa l ] b ,d i a º r Fe to the arrested person and release the person from custody.
e t 17 (1) Subsection A of Section 66-8-116.3 NMSA w l n d 18 1978 to the state treasurer for credit to the local government = = 19 a l corrections fund;
e r = t e w d m a n o No officer shall accept custody or payment of any penalty d m :
i a e r 20 (2) Subsection B of Section 66-8-116.3 NMSA a t m m 21 1978 to the state treasurer for credit to the court automation d r e 22 fund;
b r e t º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 11 - e a n e d r e l u [ A d assessment.
c e s k 23 (3) Subsection C of Section 66-8-116.3 NMSA e a n b 24 1978 to the state treasurer for credit to the traffic safety u [ education and enforcement fund;
If the arrested person declines to accept a penalty assessment notice, the officer shall issue a notice to appear] the arresting officer shall advise the person of the option either to accept the penalty assessment and pay the penalty assessment to the court or to appear in court.
.218264.1SA - 9 - (4) Subsection D of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the judicial education fund;
The arresting officer, using the uniform traffic citation, shall complete the information section, prepare the penalty assessment notice indicating the amount of the penalty assessment and prepare a notice to appear in court specifying the time and place to appear in the event that the penalty assessment is not remitted to the court prior to the date of appearance.
(5) Subsection E of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the jury and witness fee fund;
(6) Subsection F of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the juvenile adjudication fund;
(7) Subsection G of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the brain injury services fund;
and (8) Subsection H of Section 66-8-116.3 NMSA 1978 to the state treasurer for credit to the court facilities fund [and (9) Subsection I of Section 66-8-116.3 NMSA e t 17 1978 to the state treasurer for credit to the magistrate courts w l n d 18 operations fund]." = = 19 a l SECTION 4.
Section 66-8-123 NMSA 1978 (being Laws 1978, i a e r 20 Chapter 35, Section 531, as amended) is amended to read:
a t m m 21 "66-8-123.
CONDUCT OF ARRESTING OFFICER--NOTICES BY d r e 22 CITATION.-- c e s k 23 A.
Except as provided in Section 66-8-122 NMSA e a n b 24 1978, unless a penalty assessment or warning notice is given, u [ whenever a person is arrested for [any] a violation of the .218264.1SA - 10 - Motor Vehicle Code or other law relating to motor vehicles punishable as a misdemeanor, the arresting officer, using the uniform traffic citation in paper or electronic form, shall complete the information section and prepare a notice to appear in court, specifying the time and place to appear, have the arrested person sign the agreement to appear as specified, give a copy of the citation to the arrested person and release the person from custody.
B.
Whenever a person is arrested for violation of a penalty assessment misdemeanor, [and elects to pay the penalty assessment, the arresting officer, using the uniform traffic citation in paper or electronic form, shall complete the information section and prepare the penalty assessment notice indicating the amount of the penalty assessment, have the arrested person sign the agreement to pay the amount prescribed, give a copy of the citation along with a business e t 17 reply envelope addressed to the motor vehicle division in Santa w l n d 18 Fe to the arrested person and release the person from custody.
= = 19 a l No officer shall accept custody or payment of any penalty i a e r 20 assessment.
If the arrested person declines to accept a a t m m 21 penalty assessment notice, the officer shall issue a notice to d r e 22 appear] the arresting officer shall advise the person of the c e s k 23 option either to accept the penalty assessment and pay the e a n b 24 penalty assessment to the court or to appear in court.
The u [ arresting officer, using the uniform traffic citation, shall .218264.1SA - 11 - complete the information section, prepare the penalty assessment notice indicating the amount of the penalty assessment and prepare a notice to appear in court specifying the time and place to appear in the event that the penalty assessment is not remitted to the court prior to the date of appearance.
An officer shall not accept custody or payment of a penalty assessment.
An officer shall not accept custody or payment of a h penalty assessment.
C.
u » r C.
The arresting officer may issue a warning notice, but shall fill in the information section of the uniform traffic citation in paper or electronic form and give a copy to the arrested person after requiring the person's signature on the warning notice as an acknowledgment of e t 17 receipt.
The arresting officer may issue a warning t h g e l i notice, but shall fill in the information section of the h r i s uniform traffic citation in paper or electronic form and give a h , e h copy to the arrested person after requiring the person's t u g e b l e e , gh signature on the warning notice as an acknowledgment of n d d i = = o h receipt.
No warning notice issued under this section shall be w l n d 18 used as evidence of conviction for purposes of suspension or = = 19 a l revocation of license under Section 66-5-30 NMSA 1978.
No warning notice issued under this section shall be l ] b ,d i a º r used as evidence of conviction for purposes of suspension or e r = t e w d m a n o revocation of license under Section 66-5-30 NMSA 1978.
i a e r 20 D.
d m :
In order to secure release, the arrested person a t m m 21 must give the person's written promise to appear in court or to d r e 22 pay the penalty assessment prescribed or acknowledge receipt of c e s k 23 a warning notice.
b r e t º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 12 - e a n e d r e l u [ A d D.
e a n b 24 E.
In order to secure release, the arrested person must give the person's written promise to appear in court or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.
A penalty assessment citation issued by a law u [ enforcement officer shall be submitted to the appropriate .218264.1SA - 12 - magistrate or metropolitan court within five business days of issuance.
E.
A penalty assessment citation issued by HJCºa law enforcement»HJC HJCºan arresting»HJC officer shall be submitted to the appropriate magistrate or metropolitan court within five business days of issuance.
[F.] G.
[F.
A law enforcement officer who arrests a person without a warrant for a misdemeanor violation of the Motor Carrier Act, the Criminal Code, the Liquor Control Act or other New Mexico law may use the uniform traffic citation in paper or electronic form, issued pursuant to procedures outlined in Subsections B through [F] E of Section 31-1-6 NMSA 1978, in lieu of taking the person to jail.
] G.
[G.] H.
A law enforcement officer who arrests a person without a warrant for a misdemeanor violation of the Motor Carrier Act, the Criminal Code, the Liquor Control Act or other New Mexico law may use the uniform traffic citation in h paper or electronic form, issued pursuant to procedures g o t hr outlined in Subsections B through [F ] E of Section 31-1-6 NMSA g e i k 1978, in lieu of taking the person to jail.
An electronic traffic citation, prescribed by Section 66-8-128 NMSA 1978, is an electronic version of the uniform traffic citation.
h r i s [G.
For the purposes of this section, an electronic citation may be completed instead of a uniform e t 17 traffic citation;
] H.
provided, however, that where this section w l n d 18 requires a copy of a citation to be given to an arrested = = 19 a l person, a physical copy of the citation shall be provided i a e r 20 whether a uniform traffic citation or an electronic form of the a t m m 21 uniform traffic citation was used.
An electronic traffic citation, prescribed h , t, by Section 66-8-128 NMSA 1978, is an electronic version of the e u g e b l e e h uniform traffic citation.
An electronic form of the d r e 22 uniform traffic citation may be signed electronically." c e s k 23 SECTION 5.
For the purposes of this section, an n d d i = = o h electronic citation may be completed instead of a uniform l ] b ,d i a º e traffic citation;
Section 66-8-126 NMSA 1978 (being Laws 1978, e a n b 24 Chapter 35, Section 534, as amended) is amended to read:
provided, however, that where this section r i = r t e w d m a n o requires a copy of a citation to be given to an arrested d m :
u [ "66-8-126.
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 13 - e a n e d r e l u [ A d person, a physical copy of the citation shall be provided whether a uniform traffic citation or an electronic form of the uniform traffic citation was used.
FAILURE TO OBEY NOTICE TO APPEAR--SUMMONS-- .218264.1SA - 13 - WARRANT.-- A.
An electronic form of the uniform traffic citation may be signed electronically." SECTION 5.
It is a penalty assessment misdemeanor for a person to violate [that person's] a written promise to pay the penalty assessment or to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.
Section 66-8-126 NMSA 1978 (being Laws 1978, Chapter 35, Section 534, as amended) is amended to read:
"66-8-126.
FAILURE TO OBEY NOTICE TO APPEAR--SUMMONS-- WARRANT.-- A.
It is a penalty assessment misdemeanor for a person to violate [that person's ] a written promise to pay the penalty assessment or to appear in court given to an officer upon issuance of a uniform traffic citation regardless of the disposition of the charge for which the citation was issued.
If a person fails to appear or to pay the penalty assessment by the appearance date, a warrant for failure to appear may be issued.
If a person fails to appear or to pay the penalty h assessment by the appearance date, a warrant for failure to g o t hr appear may be issued.
[B.] C.
g e i k [B.] C.
A written promise to appear in court may be complied with by appearance of counsel." SECTION 6.
A written promise to appear in court may be h r i s complied with by appearance of counsel." h , t, SECTION 6.
Section 66-8-128 NMSA 1978 (being Laws 1978, Chapter 35, Section 536, as amended) is amended to read:
Section 66-8-128 NMSA 1978 (being Laws 1978, e u g e b l e e h Chapter 35, Section 536, as amended) is amended to read:
"66-8-128.
n d d i = = o h "66-8-128.
UNIFORM TRAFFIC CITATION.-- e t 17 A.
UNIFORM TRAFFIC CITATION.-- l ] b ,d i a º e A.
The department shall prepare a uniform traffic w l n d 18 citation containing at least the following information:
The department shall prepare a uniform traffic r i = r t e w d m a n o citation containing at least the following information:
= = 19 a l (1) an information section, serially numbered i a e r 20 and containing spaces for the name, email address, telephone a t m m 21 number, physical address [and], mailing address, city and state d r e 22 of the individual charged;
d m :
the individual's physical c e s k 23 description, age and sex;
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 14 - e a n e d r e l u [ A d (1) an information section, serially numbered and containing spaces for the name, email address, telephone number, physical address [and], mailing address, city and state of the individual charged;
the registration number, year and e a n b 24 state of the vehicle involved and its make and type;
the individual's physical description, age and sex;
the state u [ and number of the individual's driver's license;
the registration number, year and state of the vehicle involved and its make and type;
the specific .218264.1SA - 14 - section number and common name of the offense charged under the NMSA 1978 or local law;
the state and number of the individual's driver's license;
the specific section number and common name of the offense charged under the NMSA 1978 or local law;
The department shall prescribe how the uniform traffic citation form may be used as a warning notice.
The department shall prescribe how the uniform h traffic citation form may be used as a warning notice.
C.
g o t hr C.
The department shall prescribe the size and number of copies of the paper version of the uniform traffic citation and the disposition of each copy.
The department shall prescribe the size and g e i k number of copies of the paper version of the uniform traffic h r i s citation and the disposition of each copy.
The department may also prescribe one or more electronic versions of the uniform traffic citation, which may be used in the issuance of citations instead of or with paper uniform traffic citations.
The department may h , t, also prescribe one or more electronic versions of the uniform e u g e b l e e h traffic citation, which may be used in the issuance of n d d i = = o h citations instead of or with paper uniform traffic citations.
e t 17 D.
l ] b ,d i a º e D.
[Any] An entity that wishes to submit electronic w l n d 18 traffic citations instead of or with paper uniform traffic = = 19 a l citations required to be submitted to the department shall i a e r 20 secure the prior permission of the department.
[Any ] An entity that wishes to submit electronic r i = r t e w d m a n o traffic citations instead of or with paper uniform traffic d m :
a t m m 21 E.
b e d s º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 15 - e a n e d r e l u [ A d citations required to be submitted to the department shall secure the prior permission of the department.
An electronic version of a uniform traffic d r e 22 citation shall include the same information required to be c e s k 23 included in a uniform traffic citation.
E.
An electronic version e a n b 24 of a uniform traffic citation may be signed electronically, and u [ a law enforcement officer may submit or file with a court an .218264.1SA - 15 - electronic version of a uniform traffic citation if prior permission of the department has been secured.
An electronic version of a uniform traffic citation shall include the same information required to be included in a uniform traffic citation.
An electronic version of a uniform traffic citation may be signed electronically, and a law enforcement officer may submit or file with a court an electronic version of a uniform traffic citation if prior permission of the department has been secured.
"66-8-131.
h "66-8-131.
UNIFORM TRAFFIC CITATION IS SUMMONS AND COMPLAINT.--The uniform traffic citation used as a notice to appear is a summons and a valid complaint, though not verified." SECTION 8.
UNIFORM TRAFFIC CITATION IS SUMMONS AND u » r COMPLAINT.--The uniform traffic citation used as a notice to t h g e l i appear is a summons and a valid complaint, though not h r i s verified." h , e h SECTION 8.
REPEAL.--Section 66-8-117 NMSA 1978 (being Laws 1978, Chapter 35, Section 525, as amended) is repealed.
REPEAL.--Section 66-8-117 NMSA 1978 (being t u g e b l e e , gh Laws 1978, Chapter 35, Section 525, as amended) is repealed.
SECTION 9.
n d d i = = o h SECTION 9.
EFFECTIVE DATE.--The effective date of the e t 17 provisions of this act is July 1, 2021.
EFFECTIVE DATE.--The effective date of the l ] b ,d i a º r provisions of this act is July 1, 2021.
w l n d 18 - 16 - = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .218264.1SA
e r = t e w d m a n o d m :
b r e t º o t n = .218264.1SAAIC February 16, 2021 (9:40am) s k m e - 16 - e a n e d r e l u [ A d
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Action History

  1. DO PASS committee report adopted

  2. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

  3. passed House

  4. DO PASS, as amended, committee report adopted

  5. DO PASS committee report adopted

  6. Sent to House Consumer & Public Affairs Committee & House Judiciary Committee

Sponsors

  • Eliseo Lee Alcon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 112 not signed on

Sponsors (1)

  • Alcon, Eliseo Lee

Co-sponsors (0)

None.

Not signed on (112)

112 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety transportation
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Frequently asked questions

Who sponsors HB 119?
HB 119 is sponsored by Alcon, Eliseo Lee.
What is the current status of HB 119?
This bill died with 2021 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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