New Mexico 2025 Regular Session

New Mexico House Bill HB105 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 105
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
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39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
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45	45	2025
46	46	INTRODUCED BY
47	47	Andrea Reeb
48	48	AN ACT
49	49	RELATING TO TRAFFIC OFFENSES; PROVIDING FOR TESTIMONY BY
50	50	INTERACTIVE VIDEO; PROVIDING FOR IMPLIED CONSENT TO A
51	51	LABORATORY ANALYST'S OR TOXICOLOGIST'S APPEARANCE BY VIDEO.
52	52	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
53	53	SECTION 1. A new section of the Implied Consent Act is
54	54	enacted to read:
55	55	"[NEW MATERIAL] PROCEDURE--VIDEO APPEARANCE.--If a party
56	56	subpoenas an analyst or toxicologist to testify at a court
57	57	proceeding for any purpose, the analyst or toxicologist may
58	58	appear by interactive video. An interactive video appearance
59	59	shall provide a full and meaningful opportunity to question and
60	60	cross-examine the witness in plain sight and clear hearing of
61	61	the judge, the jury, all parties and counsel, with the witness
62	62	able to clearly see and hear the proceeding."
63	63	.229258.1 underscored material = new
64	64	[bracketed material] = delete
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90	90	SECTION 2. Section 66-8-107 NMSA 1978 (being Laws 1978,
91	91	Chapter 35, Section 515, as amended) is amended to read:
92	92	"66-8-107. IMPLIED CONSENT TO SUBMIT TO CHEMICAL TEST--
93	93	COURT APPEARANCE BY VIDEO .--
94	94	A. [Any] A person who operates a motor vehicle
95	95	within this state shall be deemed to have given consent,
96	96	subject to the provisions of the Implied Consent Act, to
97	97	chemical tests of [his ] that person's breath or blood or both,
98	98	approved by the scientific laboratory division of the
99	99	department of health pursuant to the provisions of Section
100	100	24-1-22 NMSA 1978 as determined by a law enforcement officer,
101	101	or for the purpose of determining the drug or alcohol content
102	102	of [his] the person's blood if the person is arrested for any
103	103	offense arising out of the acts alleged to have been committed
104	104	while the person was driving a motor vehicle while under the
105	105	influence of an intoxicating liquor or drug.
106	106	B. A test of blood or breath or both, approved by
107	107	the scientific laboratory division of the department of health
108	108	pursuant to the provisions of Section 24-1-22 NMSA 1978, shall
109	109	be administered at the direction of a law enforcement officer
110	110	having reasonable grounds to believe the person to have been
111	111	driving a motor vehicle within this state while under the
112	112	influence of an intoxicating liquor or drug.
113	113	C. If a laboratory analyst who performed a chemical
114	114	test or a toxicologist from the laboratory where the test was
115	115	.229258.1
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143	143	performed who will testify as an expert on the results of the
144	144	chemical testing is subpoenaed to testify at a court proceeding
145	145	about chemical testing that was performed pursuant to this
146	146	section, the defendant shall be deemed to have given consent to
147	147	the analyst's or toxicologist's appearance by means of
148	148	interactive video."
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150	150	.229258.1