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HOUSE BILL 105
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Andrea Reeb
AN ACT
RELATING TO TRAFFIC OFFENSES; PROVIDING FOR TESTIMONY BY
INTERACTIVE VIDEO; PROVIDING FOR IMPLIED CONSENT TO A
LABORATORY ANALYST'S OR TOXICOLOGIST'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 or toxicologist to testify at a court
proceeding for any purpose, the analyst or toxicologist 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, the 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] A 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 an intoxicating liquor or drug.
C. If a laboratory analyst who performed a chemical
test or a toxicologist from the laboratory where the test was
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performed who will testify as an expert on the results of the
chemical testing is subpoenaed to testify at a court proceeding
about chemical testing that was performed pursuant to this
section, the defendant shall be deemed to have given consent to
the analyst's or toxicologist's appearance by means of
interactive video."
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