HB 162

                                1  HOUSE BILL 162
                                2     57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4       Art De La Cruz and Cynthia Borrego and Heather Berghmans
                                5  and Meredith A. Dixon
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                                10  AN ACT
                                11   RELATING TO PUBLIC SAFETY; INCREASING THE PENALTY FOR HOMICIDE
                                12   BY VEHICLE WHILE COMMITTING RECKLESS DRIVING; CREATING THE
                                13   CRIME OF NEGLIGENT HOMICIDE BY VEHICLE; PROVIDING A PENALTY;
                                14   MAKING AN APPROPRIATION TO PROVIDE FOR A STATEWIDE PUBLIC
                                15   EDUCATION CAMPAIGN.
                                16
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                                17   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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                                18        SECTION 1.    Section 66-8-101 NMSA 1978 (being Laws 1978,
                                19   Chapter 35, Section 509, as amended) is amended to read:
                                20        "66-8-101.    HOMICIDE BY VEHICLE--GREAT BODILY HARM BY
                                21   VEHICLE--NEGLIGENT HOMICIDE BY VEHICLE.--
                                22  A.   Homicide by vehicle is the killing of a human
                                23   being in the unlawful operation of a motor vehicle.
                                24  B.   Great bodily harm by vehicle is the injuring of
                                25   a human being, to the extent defined in Section 30-1-12 NMSA
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                                1    1978, in the unlawful operation of a motor vehicle.
                                2  C.   A person who commits homicide by vehicle while
                                3    under the influence of intoxicating liquor or while under the
                                4    influence of any drug is guilty of a second degree felony and
                                5    shall be sentenced pursuant to the provisions of Section
                                6    31-18-15 NMSA 1978.
                                7  D.   A person who commits homicide by vehicle while
                                8    violating Section 66-8-113 NMSA 1978 is guilty of a [third]
                                9    second degree felony and shall be sentenced pursuant to the
                                10   provisions of Section 31-18-15 NMSA 1978, provided that
                                11   violation of speeding laws as set forth in the Motor Vehicle
                                12   Code shall not per se be a basis for violation of Section
                                13   66-8-113 NMSA 1978.
                                14  E.   A person who commits great bodily harm by
                                15   vehicle while under the influence of intoxicating liquor, while
                                16   under the influence of any drug or while violating Section
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                                17   66-8-113 NMSA 1978 is guilty of a third degree felony and shall
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                                18   be sentenced pursuant to the provisions of Section 31-18-15
                                19   NMSA 1978, provided that violation of speeding laws as set
                                20   forth in the Motor Vehicle Code shall not per se be a basis for
                                21   violation of Section 66-8-113 NMSA 1978.
                                22  F.   A person who commits homicide by vehicle or
                                23   great bodily harm by vehicle while under the influence of
                                24   intoxicating liquor or while under the influence of any drug,
                                25   as provided in Subsection C or E of this section, and who has
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                                1    incurred a prior DWI conviction within ten years of the
                                2    occurrence for which the person is being sentenced under this
                                3    section shall have the person's basic sentence increased by
                                4    four years for each prior DWI conviction.
                                5  G.   For the purposes of this section, "prior DWI
                                6    conviction" means:
                                7  (1)   a prior conviction under Section 66-8-102
                                8    NMSA 1978; or
                                9  (2)   a prior conviction in New Mexico or any
                                10   other jurisdiction, territory or possession of the United
                                11   States, including a tribal jurisdiction, when the criminal act
                                12   is driving under the influence of alcohol or drugs.
                                13  H.   A person who willfully operates a motor vehicle
                                14   in violation of Subsection C of Section 30-22-1 NMSA 1978 and
                                15   directly or indirectly causes the death of or great bodily harm
                                16   to a human being is guilty of a third degree felony and shall
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                                17   be sentenced pursuant to the provisions of Section 31-18-15
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                                18   NMSA 1978.
                                19  I.   Negligent homicide by vehicle is the killing of
                                20   a human being by a motor vehicle while violating Section
                                21   66-8-114 NMSA 1978.      A person who commits negligent homicide by
                                22   vehicle is guilty of a fourth degree felony and shall be
                                23   sentenced pursuant to the provisions of Section 31-18-15 NMSA
                                24   1978."
                                25        SECTION 2.     APPROPRIATION.--Two hundred fifty thousand
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                                1    dollars ($250,000) is appropriated from the general fund to the
                                2    department of transportation for expenditure in fiscal year
                                3    2027 for a statewide education campaign regarding careless
                                4    driving and reckless driving.    Any unexpended balance remaining
                                5    at the end of fiscal year 2027 shall revert to the general
                                6    fund.
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