[NMCycling] FW: please put HB 109 CARELESS DRIVING PENALTIES on the Judiciary Committee agenda

Diane Albert via Bike-racers bike-racers at mailman.swcp.com
Wed Feb 13 17:56:58 MST 2019

Hello,  HB 109 is stuck in the Judiciary Committee - if you want to get it
on the agenda for a vote, try e-mailing or calling.  It will die there if
it's not heard!


Here's an e-mail I sent to 

Judiciary Committee leadership and my state Rep.  



Hello Reps Chasey, Ely, and Hochman-Vigil:


Please put HB 109 on your agenda for a hearing and a vote.  Thank you!



I've attached the text of HB 109.  Here's some information on the purpose of
the bill.


Here is the existing Section 66-8-114:


HB 109 adds language:  C. Whoever commits careless (not reckless) driving
that results in death or great bodily harm of another is guilty of a
misdemeanor (not felony) and shall be punished in accordance with the
provisions of Section 31-19-1 NMSA 1978.


Everything underlined is new, as you know.






This bill therefore directs sentencing for careless driving that results in
a misdemeanor sentence must conform to the following:


31-19-1. Sentencing authority[;] misdemeanors; imprisonment and fines;

A.     Where the defendant has been convicted of a crime constituting a
misdemeanor, the judge shall sentence the person to be imprisoned in the
county jail for a definite term less than one year or to the payment of a
fine of not more than one thousand dollars ($1,000) or to both such
imprisonment and fine in the discretion of the judge.   

Therefore, zero penalties will not be permissable under the law if / when a
motorist kills / injures a cyclist while convicted of careless driving, such
as texting.


I have attached something I wrote several years ago that discusses careless
vs. reckless.






Diane Albert



cid:image001.png at 01CBF87D.28F66D30

Diane Albert, PhD

LCI #2292



Vice President, Bicycle Coalition of New Mexico (BCNM)

P. O. Box 10922

Albuquerque, NM 87184

president at bikenm.org

www.BikeNM.org <http://www.bikenm.org/> 







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