DWI bills for 2012 Legislative Session
| The New Mexican
Posted: Friday, February 10, 2012
- 2/7/12
     
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HB 27: William R. Rehm, R-Albuquerque; House Rules and Order of Business Committee. Adds driving while under the influence of a controlled substance or metabolite to list of compounds considered to impair driving. Requires ignition interlock and ignition interlock license for those convicted of driving under the influence of these substances.

HB 36/38: Bill B. O'Neill, D-Albuquerque; House Business and Industry Committee. Supplements funding of drug courts through the liquor excise tax.

HB 56: Dennis J. Roch, R-Texico; passed House 64-1, now in Senate Public Affairs Committee. Creates the crimes of homicide by boat and great bodily harm by boat, a third-degree felony. Amends the Motor Vehicle Code to provide that prior convictions for boating while intoxicated may increase the basic sentence for homicide by vehicle or great bodily harm by vehicle by four years for each prior DWI conviction.

HB 108: Tim D. Lewis, R-Rio Rancho; House Judiciary Committee. Increases DWI penalties; the prison term for a fourth DWI conviction would increase from 18 months to 30 months; for a fifth conviction, the term would remain 3 years, but the portion that could not be suspended or deferred would increase from one to two years; for a sixth conviction, the term would increase from 30 months to 42 months and the period that cannot be deferred would increase from 18 months to 30 months; for a seventh DWI conviction, the term would increase from three to four years and the period that could not be deferred would increase from two to three years; an eighth conviction would be a second-degree felony pursuant to a term of incarceration for 12 years, with the term that could not be deferred taken under advisement.

HB 158: Tim D. Lewis, R-Rio Rancho; House Judiciary Committee. Amends the habitual offender statute to require that a DWI felony conviction be considered a predicate felony offense that must be used in determining if the person is a habitual offender.

HB 160: Conrad D. James, R-Albuquerque, and George Muñoz, D-Gallup; House Judiciary Committee. Adds as a basis for forfeiture under the Forfeiture Act, a motor vehicle driven by a person arrested for driving on a suspended or revoked license for DWI, or a vehicle driven by a person who was previously convicted of DWI and rearrested for the same crime.

HB 211: Rhonda S. King, D-Stanley, and Clinton Harden, R-Clovis; House Judiciary Committee. Amends Liquor Control Act to make it a criminal offense for a minor to be visibly intoxicated and amends the penalty for first-time offenders to delete the $1,000 fine, suspend the driver's license for 60 days or add 60 days to the date the minor is eligible to obtain a driver's license; require attendance at all alcohol or early prevention programs of between eight and 16 hours. If the offender completes the requirements, an adjudication of guilt will not be entered and charges will be dismissed; can only occur once with respect to any person.

HB 216: Al Park, D-Albuquerque; House Consumer and Public Affairs Committee. Adds to Implied Consent Act to allow for admission into evidence in any court proceedings of a certified report of findings and analysis of a test administered under the act with the same force and effect as if the individual who conducted the analysis had testified. Designed to help the Scientific Laboratory Division cope with increased demand for criminal trial appearances by its analysts since the U.S. Supreme Court decision in Melendez-Diaz v. Massachusetts and Bullcoming v. New Mexico.

HB 222: Brian Egolf, D-Santa Fe; House Consumer and Public Affairs Committee. Relates to HB 12. Amends the Motor Vehicle Code to make vehicular homicide by a person with BAC of .16 or more to a second-degree felony; currently it is a third-degree felony.

HB 320: Anna M. Crook, R-Clovis; House Rules and Order of Business Committee. Requires an offender convicted of first, second, or third DWI to be placed on probation for the entire time he or she is required to obtain an ignition interlock device and to remain in contact with the ignition interlock provider as a condition of probation.

SB 71: Vernon D. Asbill, R-Carlsbad; passed the Senate 38-0. Gives a person who has been convicted of vehicular homicide or great bodily harm by vehicle while DWI the opportunity to obtain an ignition interlock license under limited circumstances.

SB 135: Phil Griego, D-Santa Fe; Senate Judiciary Committee. Amends a section of the local DWI grant fund to eliminate a conflict with the ignition interlock device fund by allowing for the leasing of interlock devices for qualified indigent offenders.

SB 178: Vernon D. Asbill, R-Carlsbad; Senate Committees Committee. Would exempt drivers from other states and jurisdictions convicted on or after June 17, 2005, of DWI from having to obtain an interlock license in New Mexico and allows them to obtain a driver's license in New Mexico if the person has a valid, unrestricted driver's license reinstated in another jurisdiction.

SB 297: George K. Muñoz, D-Gallup; Senate Judiciary Committee. Duplicates HB 108.

SB 298: George K. Muñoz, D-Gallup; Senate Judiciary Committee. Duplicates HB 158.






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