MOTOR VEHICLE CRIMES & PENALTIES

HB0162

HOUSE BILL 162

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Art De La Cruz
and
Cynthia Borrego
and
Heather Berghmans

and
Meredith A. Dixon

AN ACT

RELATING TO PUBLIC SAFETY; INCREASING THE PENALTY FOR HOMICIDE
BY VEHICLE WHILE COMMITTING RECKLESS DRIVING; CREATING THE
CRIME OF NEGLIGENT HOMICIDE BY VEHICLE; PROVIDING A PENALTY;
MAKING AN APPROPRIATION TO PROVIDE FOR A STATEWIDE PUBLIC
EDUCATION CAMPAIGN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 66-8-101 NMSA 1978 (being Laws 1978,
Chapter 35, Section 509, as amended) is amended to read:

"66-8-101. HOMICIDE BY VEHICLE--GREAT BODILY HARM BY
VEHICLE--
NEGLIGENT HOMICIDE BY VEHICLE
.--

A. Homicide by vehicle is the killing of a human
being in the unlawful operation of a motor vehicle.

B. Great bodily harm by vehicle is the injuring of
a human being, to the extent defined in Section 30-1-12 NMSA
1978, in the unlawful operation of a motor vehicle.

C. A person who commits homicide by vehicle while
under the influence of intoxicating liquor or while under the
influence of any drug is guilty of a second degree felony and
shall be sentenced pursuant to the provisions of Section
31-18-15 NMSA 1978.

D. A person who commits homicide by vehicle while
violating Section 66-8-113 NMSA 1978 is guilty of a [
third
]

second
degree felony and shall be sentenced pursuant to the
provisions of Section 31-18-15 NMSA 1978, provided that
violation of speeding laws as set forth in the Motor Vehicle
Code shall not per se be a basis for violation of Section
66-8-113 NMSA 1978.

E. A person who commits great bodily harm by
vehicle while under the influence of intoxicating liquor, while
under the influence of any drug or while violating Section
66-8-113 NMSA 1978 is guilty of a third degree felony and shall
be sentenced pursuant to the provisions of Section 31-18-15
NMSA 1978, provided that violation of speeding laws as set
forth in the Motor Vehicle Code shall not per se be a basis for
violation of Section 66-8-113 NMSA 1978.

F. A person who commits homicide by vehicle or
great bodily harm by vehicle while under the influence of
intoxicating liquor or while under the influence of any drug,
as provided in Subsection C or E of this section, and who has
incurred a prior DWI conviction within ten years of the
occurrence for which the person is being sentenced under this
section shall have the person's basic sentence increased by
four years for each prior DWI conviction.

G. For the purposes of this section, "prior DWI
conviction" means:

(1) a prior conviction under Section 66-8-102
NMSA 1978; or

(2) a prior conviction in New Mexico or any
other jurisdiction, territory or possession of the United
States, including a tribal jurisdiction, when the criminal act
is driving under the influence of alcohol or drugs.

H. A person who willfully operates a motor vehicle
in violation of Subsection C of Section 30-22-1 NMSA 1978 and
directly or indirectly causes the death of or great bodily harm
to a human being is guilty of a third degree felony and shall
be sentenced pursuant to the provisions of Section 31-18-15
NMSA 1978.

I. Negligent homicide by vehicle is the killing of
a human being by a motor vehicle while violating Section
66-8-114 NMSA 1978. A person who commits negligent homicide by
vehicle is guilty of a fourth degree felony and shall be
sentenced pursuant to the provisions of Section 31-18-15 NMSA
1978.
"

SECTION 2.
APPROPRIATION.--Two hundred fifty thousand
dollars ($250,000) is appropriated from the general fund to the
department of transportation for expenditure in fiscal year
2027 for a statewide education campaign regarding careless
driving and reckless driving. Any unexpended balance remaining
at the end of fiscal year 2027 shall revert to the general
fund.

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