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

[Diane Albert via Bike-racers]

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:
<https://law.justia.com/codes/new-mexico/2009/chapter-66/article-8/section-6
6-8-114/>
https://law.justia.com/codes/new-mexico/2009/chapter-66/article-8/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.

 

See:

 

 <https://law.justia.com/codes/new-mexico/2006/nmrc/jd_31-19-1-1893.html>
https://law.justia.com/codes/new-mexico/2006/nmrc/jd_31-19-1-1893.html

 

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;
probation.

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.

 

 

THANK YOU!

 

 

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/> 

505.235.2277

 

 

 

 

 

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