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SENATE BILL 225
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
George K. Muñoz
AN ACT
RELATING TO PENALTIES; INCREASING FINES FOR LITTERING;
INCREASING HOURS OF COMMUNITY SERVICE REQUIRED FOR COMMITTING
GRAFFITI; INCREASING THE PENALTY FOR THE IMPROPER USE OF A
TRAVEL LANE; INCREASING AND PROVIDING PENALTIES FOR VIOLATIONS
OF THE RECYCLING AND ILLEGAL DUMPING ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 30-8-4 NMSA 1978 (being Laws 1963,
Chapter 303, Section 8-4, as amended) is amended to read:
"30-8-4. LITTERING.--
A. Littering consists of discarding refuse:
(1) on public property in any manner other
than by placing the refuse in a receptacle provided for the
purpose by the responsible governmental authorities or
otherwise in accordance with lawful direction; or
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(2) on private property not owned or lawfully
occupied or controlled by the person, except with the consent
of its owner, lessee or occupant.
B. Whoever commits littering is guilty of a petty
misdemeanor and, notwithstanding the provisions of Section
31-19-1 NMSA 1978, shall be punished by a fine of [fifty
dollars ($50.00)] two hundred fifty dollars ($250) . The use
of uniform traffic citations is authorized for the
enforcement of this section. The court may to the extent
permitted by law, as a condition to suspension of any other
penalty provided by law, require a person who commits
littering to pick up and remove from any public place or any
private property, with prior permission of the legal owner,
any litter deposited thereon."
SECTION 2. Section 30-15-1.1 NMSA 1978 (being Laws
1990, Chapter 36, Section 1, as amended) is amended to read:
"30-15-1.1. UNAUTHORIZED GRAFFITI ON PERSONAL OR REAL
PROPERTY.--
A. Graffiti consists of intentionally and
maliciously defacing any real or personal property of another
with graffiti or other inscribed material inscribed with ink,
paint, spray paint, crayon, charcoal or the use of any object
without [the] consent or reasonable [ground ] grounds to
believe [there is consent of ] the owner of the property has
given consent.
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B. Whoever commits graffiti to real or personal
property when the damage to the property is one thousand
dollars ($1,000) or less is guilty of a petty misdemeanor and
shall be required to perform a mandatory one hundred fifty
hours of community service within a continuous six-month
period immediately following [his ] conviction and shall be
required to make restitution to the property owner for the
cost of damages and restoration.
C. Whoever commits graffiti to real or personal
property when the damage to the property is greater than one
thousand dollars ($1,000) is guilty of a fourth degree felony
and shall be required to perform a mandatory [one hundred
sixty] two hundred hours of community service within a
continuous eight-month period immediately following [his ]
conviction and shall be required to provide restitution to
the property owner for the cost of damages and restoration as
a condition of probation or following any term of
incarceration as a condition of parole.
D. When a single occurrence of graffiti is
committed by more than one individual, the court may
apportion the amount of restitution owed by each offender in
accordance with each offender's degree of culpability."
SECTION 3. Section 66-8-116 NMSA 1978 (being Laws
1978, Chapter 35, Section 524, as amended) is amended to
read:
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"66-8-116. PENALTY ASSESSMENT MISDEMEANORS--
DEFINITION--SCHEDULE OF ASSESSMENTS.--
A. As used in the Motor Vehicle Code and the Boat
Act, "penalty assessment misdemeanor" means violation of any
of the following listed sections of the NMSA 1978 for which,
except as provided in Subsections D through F of this
section, the listed penalty assessment is established:
COMMON NAME OF OFFENSE SECTION VIOLATED PENALTY
ASSESSMENT
Vehicles subject to
registration 66-3-1 $ 50.00
Improper display of
registration plate 66-3-18 25.00
Failure to notify of
change of name or address 66-3-23 25.00
Lost or damaged registration,
plate or title 66-3-24 25.00
Horseless carriage
registration 66-3-27 25.00
Transfer of registration
and title 66-3-103 25.00
Expiration of dealer
plates 66-3-403 25.00
Special registration
plates 66-3-409, 66-3-412.1,
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66-3-413, 66-3-415,
66-3-417, 66-3-419,
66-3-421, 66-3-422,
66-3-424.4, 66-3-424.5,
66-3-424.7, 66-3-424.9,
66-3-424.13, 66-3-424.16
and 66-3-424.28 75.00
Bicycle laws 66-3-701
through
66-3-707 50.00
No license display 66-5-16 25.00
Failure to change
address or name on
license 66-5-22 25.00
Permitting unauthorized
minor to drive 66-5-40 50.00
Permitting unauthorized
person to drive 66-5-41 25.00
Failure to obey sign 66-7-104 25.00
Failure to obey signal 66-7-105 25.00
Pedestrian signs and
signals 66-7-106
through
66-7-108 25.00
Speeding 66-7-301
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(1) up to and including
ten miles an hour
over the speed limit 25.00
(2) from eleven up to
and including fifteen
miles an hour
over the speed limit 30.00
(3) from sixteen up to
and including twenty
miles an hour over the
speed limit 65.00
(4) from twenty-one up to
and including twenty-five
miles an hour
over the speed limit 100.00
(5) from twenty-six up to
and including thirty
miles an hour over the
speed limit 125.00
(6) from thirty-one up to
and including thirty-five
miles an hour over the
speed limit 150.00
(7) more than thirty-five
miles an hour over the
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speed limit 200.00
Unfastened safety belt 66-7-372 25.00
Child not in restraint device
or seat belt 66-7-369 25.00
Minimum speed 66-7-305 25.00
Speeding 66-7-306 25.00
Improper starting 66-7-324 25.00
Improper backing 66-7-354 25.00
Improper lane 66-7-308 25.00
Improper lane 66-7-313 25.00
Improper lane 66-7-316 25.00
Improper lane 66-7-317 25.00
Improper lane 66-7-319 25.00
Improper passing 66-7-309
through
66-7-312 25.00
Improper passing 66-7-315 25.00
Controlled access
violation 66-7-320 25.00
Controlled access
violation 66-7-321 25.00
Improper turning 66-7-322 25.00
Improper turning 66-7-323 25.00
Improper turning 66-7-325 25.00
Following too closely 66-7-318 25.00
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Failure to yield 66-7-328
through
66-7-331 25.00
Failure to yield 66-7-332 50.00
Failure to yield 66-7-332.1 25.00
Pedestrian violation 66-7-333
through
66-7-340 25.00
Failure to stop 66-7-342
and 66-7-344
through
66-7-346 25.00
Railroad-highway grade
crossing violation 66-7-341
and 66-7-343 150.00
Passing school bus 66-7-347 100.00
Failure to signal 66-7-325
through
66-7-327 25.00
Riding on motorcycles 66-7-355 100.00
Video screens in
automobiles 66-7-358 25.00
Driving on mountain
highways 66-7-359 25.00
Coasting prohibited 66-7-360 25.00
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Animals on highway at
night 66-7-363 50.00
Failure to secure load 66-7-407 100.00
Operation without oversize-
overweight permit 66-7-413 50.00
Transport of reducible
load with special
permit more than six miles
from a border crossing 66-7-413 100.00
Driving while license
administratively
suspended 66-5-39.2 25.00
Improper equipment 66-3-801
through
66-3-840
and 66-3-842
through
66-3-851 50.00
Improper equipment 66-3-901 50.00
Improper emergency
signal 66-3-853
through
66-3-857 25.00
Minor on motorcycle
without helmet 66-7-356 300.00
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Operation interference 66-7-357 50.00
Littering 66-7-364 300.00
Improper parking 66-7-349
through
66-7-352
and 66-7-353 25.00
Improper parking 66-3-852 25.00
Riding in or towing
occupied house trailer 66-7-366 25.00
Improper opening of doors 66-7-367 25.00
No slow-moving vehicle
emblem or flashing
amber light 66-3-887 25.00
Open container-first
violation 66-8-138 25.00
Texting while driving-
(1) first violation 66-7-374 25.00
(2) second and subsequent
violation 50.00
Using a handheld mobile
communication device
while driving a
commercial motor vehicle 66-7-375
(1) first violation 25.00
(2) second and subsequent
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violation 50.00
Improper use of travel lane 66-7-376 [250.00 ] 500.00.
B. The term "penalty assessment misdemeanor" does
not include a violation that has caused or contributed to the
cause of an accident resulting in injury or death to a
person.
C. When an alleged violator of a penalty
assessment misdemeanor elects to accept a notice to appear in
lieu of a notice of penalty assessment, a fine imposed upon
later conviction shall not exceed the penalty assessment
established for the particular penalty assessment misdemeanor
and probation imposed upon a suspended or deferred sentence
shall not exceed ninety days.
D. The penalty assessment for speeding in
violation of Paragraph (5) of Subsection A of Section
66-7-301 NMSA 1978 is twice the penalty assessment
established in Subsection A of this section for the
equivalent miles per hour over the speed limit.
E. Upon a second conviction for operation without
a permit for excessive size or weight pursuant to Section
66-7-413 NMSA 1978, the penalty assessment shall be two
hundred fifty dollars ($250). Upon a third or subsequent
conviction, the penalty assessment shall be five hundred
dollars ($500).
F. Upon a second conviction for transport of a
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reducible load with a permit for excessive size or weight
pursuant to Subsection N of Section 66-7-413 NMSA 1978 more
than six miles from a port-of-entry facility on the border
with Mexico, the penalty assessment shall be five hundred
dollars ($500). Upon a third or subsequent conviction, the
penalty assessment shall be one thousand dollars ($1,000)."
SECTION 4. Section 74-13-16 NMSA 1978 (being Laws
2005, Chapter 171, Section 16) is amended to read:
"74-13-16. PENALTY--CRIMINAL.--
A. A person who knowingly violates Section [4 of
the Recycling and Illegal Dumping Act ] 74-13-4 NMSA 1978:
(1) is guilty of a misdemeanor if the
violation involves a quantity of scrap tires or tire-derived
products that is less than five thousand pounds and shall be
sentenced pursuant to the provisions of Section 31-19-1 NMSA
1978; [or]
(2) is guilty of a fourth degree felony if
the violation involves a quantity of scrap tires or
tire-derived products that is five thousand pounds or greater
and shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978; or
(3) is guilty of a fourth degree felony if
the violation involves illegal dumping prohibited by
Subsection J of Section 74-13-4 NMSA 1978 and shall be
punished by a fine not to exceed ten thousand dollars
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($10,000).
B. A person who knowingly omits any substantive
information or knowingly makes a false substantive statement
or representation required pursuant to the Recycling and
Illegal Dumping Act or rule adopted pursuant to the
provisions of that act is guilty of a fourth degree felony
and shall be sentenced in accordance with the provisions of
Section 31-18-15 NMSA 1978."
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