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-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
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
| Diane Albert, PhD LCI #2292 Vice President, Bicycle Coalition of New Mexico (BCNM) P. O. Box 10922 Albuquerque, NM 87184 505.235.2277 |
