New Mexico SB 40: INTERLOCK FOR DRIVING ON REVOKED LICENSE

Bill Text

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 40
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Antonio Maestas
AN ACT
RELATING TO MOTOR VEHICLES; REQUIRING THE INSTALLATION OF AN
IGNITION INTERLOCK DEVICE AND THE OBTAINING OF AN IGNITION
INTERLOCK LICENSE UPON CONVICTION OF DRIVING ON A REVOKED
LICENSE; MAKING DRIVING ON A REVOKED LICENSE A CASE OF RECORD
IN METROPOLITAN COURT; PROVIDING THAT AN IGNITION INTERLOCK
LICENSE IS VALID FOR FOUR OR EIGHT YEARS; PROVIDING THAT AN
IGNITION INTERLOCK MAY BE REMOVED WITHOUT A COURT ORDER;
AMENDING ELEMENTS TO QUALIFY FOR THE INTERLOCK DEVICE FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 34-8A-6 NMSA 1978 (being Laws 1979,
Chapter 346, Section 6, as amended) is amended to read:
"34-8A-6. METROPOLITAN COURT--RULES--APPEAL.--
A. The supreme court shall adopt separate rules of
procedure for the metropolitan courts. The rules shall provide
.229071.5

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
simple procedures for the just, speedy and inexpensive
determination of any metropolitan court action.
B. Other than for actions brought pursuant to the
Uniform Owner-Resident Relations Act, the metropolitan court is
a court of record for civil actions. Any party aggrieved by a
judgment rendered by the metropolitan court in a civil action
may appeal to the court of appeals. The manner and method for
the appeal shall be set forth by supreme court rule.
C. The metropolitan court is not a court of record
for civil actions brought pursuant to the Uniform Owner-
Resident Relations Act. Any party aggrieved by a judgment
rendered by the metropolitan court in a civil action brought
pursuant to the Uniform Owner-Resident Relations Act may appeal
to the district court of the county in which the metropolitan
court is located within fifteen days after the judgment was
rendered. The appeal shall be de novo.
D. The metropolitan court is a court of record for
criminal actions involving driving while under the influence of
intoxicating liquor or drugs, involving driving on a revoked
license or involving domestic violence. A criminal action
involving domestic violence means an assault or battery under
any state law or municipal or county ordinance in which the
alleged victim is a household member as defined in the Family
Violence Protection Act. Any party aggrieved by a judgment
rendered by the metropolitan court in a criminal action
.229071.5
- 2 -

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
involving driving while under the influence of intoxicating
liquor or drugs, involving driving on a revoked license or
involving domestic violence may appeal to the court of appeals.
The manner and method of appeal shall be set forth by supreme
court rule.
E. The metropolitan court is not a court of record
for criminal actions other than driving while under the
influence of intoxicating liquor or drugs, driving on a revoked
license or domestic violence actions. Any party aggrieved by a
judgment rendered by the metropolitan court in a criminal
action, other than driving while under the influence of
intoxicating liquor or drugs, driving on a revoked license or
domestic violence action, may appeal to the district court of
the county in which the metropolitan court is located within
fifteen days after the judgment was rendered. The appeal shall
be de novo.
F. All judgments rendered in civil actions in the
metropolitan court shall be subject to the same provisions of
law as those rendered in district court."
SECTION 2. Section 66-5-39.1 NMSA 1978 (being Laws 2013,
Chapter 163, Section 3) is amended to read:
"66-5-39.1. DRIVING WHILE LICENSE REVOKED--PENALTIES.--
A. A person who drives a motor vehicle on a public
highway of this state at a time when the person's privilege to
do so is revoked and who knows or should have known that the
.229071.5
- 3 -

underscored material = new[bracketed material
] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
person's license was revoked is guilty of a misdemeanor and
shall be charged with a violation of this section. Upon
conviction, the person shall be punished, notwithstanding the
provisions of Section 31-18-13 NMSA 1978, by imprisonment for
not less than four days or more than three hundred sixty-four
days or by participation for an equivalent period of time in a
certified alternative sentencing program, and there may be
imposed in addition a fine of not more than one thousand
dollars ($1,000). When a person pays any or all of the cost of
participating in a certified alternative sentencing program,
the court may apply that payment as a deduction to any fine
imposed by the court.
B. Notwithstanding any other provision of law for
suspension