Summary:

 House Bill 321 (HB 321):  This bill amends Section 66-8-114 NMSA 1978 to increase penalties for a person who operates a vehicle in a careless, inattentive, or imprudent manner when such operation results in death or great bodily harm to another.  

Legislation Overview:

 House Bill 321 (HB 321):  Here are the key definition related to this bill:
1.	Careless Driving Definition - 
•	Operating a vehicle without giving full time and attention or otherwise driving inattentively or imprudently under all existing circumstances.
2.	Standard Careless Driving Penalty -
•	Continues to be a misdemeanor offense under Section 66-8-7 NMSA 1978.
3.	Enhanced Penalty (Death or Great Bodily Harm) -
•	Careless driving that results in death or great bodily harm is also a misdemeanor but is punishable under Section 31-19-1 NMSA 1978, which generally provides for harsher penalties (including potential jail time, fines, or both).
4.	Definition of Great Bodily Harm -
•	Any injury that creates a high probability of death, causes serious disfigurement, or results in permanent loss or impairment of the function of any body part or organ.

The new provisions become effective July 1, 2025.

 

Current Law:

 Standard Careless Driving Penalty -
Continues to be a misdemeanor offense under Section 66-8-7 NMSA 1978.
§ 66-8-7. Penalty for misdemeanor.  Unless another penalty is specified in the Motor Vehicle Code, every person convicted of a misdemeanor for violation of any provision of the Motor Vehicle Code shall be punished by a fine of not more than one hundred dollars ($100) or by 
imprisonment for not more than ninety days, or both
§ 66-8-9. Penalty for felony.  
Any person convicted of violating any provision of the Motor Vehicle Code [§ 66-1-1 to 
66-8-140 NMSA 1978] declared a felony, and punishment is not specified, shall be 
punished by imprisonment for not less than one year nor more than five years or by a 
fine of not less than five hundred dollars ($500) nor more than five thousand dollars 
($5,000) or both.  
{4} Read literally, § 66-8-101(A), defines the crime of homicide by vehicle to include any 
killing of a human being in the unlawful {*351} operation of a motor vehicle. Read 
literally, only killings involving a violation of either § 66-8-102 or § 66-8-113, N.M.S.A. 
(1978) are declared to be felonies, with punishment under § 66-8-9. Other killings not 
declared to be felonies, are misdemeanors, see § 66-8-7(A), with punishment under § 
66-8-7(B).