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HOUSE BILL 159
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
Andrea Reeb and William "Bill" R. Rehm
AN ACT
RELATING TO TRAFFIC OFFENSES; PROVIDING FOR TESTIMONY BY
INTERACTIVE VIDEO; PROVIDING FOR IMPLIED CONSENT TO A
LABORATORY ANALYST'S APPEARANCE BY VIDEO.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Implied Consent Act is
enacted to read:
"[NEW MATERIAL] PROCEDURE--VIDEO APPEARANCE.--If a party
subpoenas an analyst to testify at a court proceeding for any
purpose, the analyst may appear by interactive video. An
interactive video appearance shall provide a full and
meaningful opportunity to question and cross-examine the
witness in plain sight and clear hearing of the judge, jury,
all parties and counsel, with the witness able to clearly see
and hear the proceeding."
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SECTION 2. Section 66-8-107 NMSA 1978 (being Laws 1978,
Chapter 35, Section 515, as amended) is amended to read:
"66-8-107. IMPLIED CONSENT TO SUBMIT TO CHEMICAL TEST--
COURT APPEARANCE BY VIDEO .--
A. Any person who operates a motor vehicle within
this state shall be deemed to have given consent, subject to
the provisions of the Implied Consent Act, to chemical tests of
[his] that person's breath or blood or both, approved by the
scientific laboratory division of the department of health
pursuant to the provisions of Section 24-1-22 NMSA 1978 as
determined by a law enforcement officer, or for the purpose of
determining the drug or alcohol content of [his ] the person's
blood if the person is arrested for any offense arising out of
the acts alleged to have been committed while the person was
driving a motor vehicle while under the influence of an
intoxicating liquor or drug.
B. A test of blood or breath or both, approved by
the scientific laboratory division of the department of health
pursuant to the provisions of Section 24-1-22 NMSA 1978, shall
be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been
driving a motor vehicle within this state while under the
influence of intoxicating liquor or drug.
C. If a laboratory analyst is subpoenaed to testify
at a court proceeding about chemical testing that the analyst
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performed pursuant to this section, the defendant shall be
deemed to have given consent to the analyst's appearance by
means of interactive video. "
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