TRAFFIC OFFENSE VIDEO TESTIMONY

HB0057

HOUSE BILL 57

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

INTRODUCED BY

Andrea Reeb
and
Luis M. Terrazas

AN ACT

RELATING TO TRAFFIC OFFENSES; PROVIDING FOR TESTIMONY BY
INTERACTIVE VIDEO; PROVIDING FOR IMPLIED CONSENT TO APPEARANCE
BY VIDEO BY A PERSON WHO PERFORMS OR ANALYZES CHEMICAL TESTING.

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 a person who performs or analyzes chemical testing
pursuant to the Implied Consent Act, including an analyst or a
toxicologist, to testify at a court proceeding, the person may
appear by interactive video. Through the interactive video
appearance, there shall be a full and meaningful opportunity
for the person to be questioned and cross-examined; the person
shall be clearly visible and audible to the judge, the jury,
all parties and counsel; and the person shall be able to
clearly see and hear the proceeding with or without
accommodation."

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 person who performed a chemical test or a
toxicologist from the laboratory where the test was 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 performed pursuant to this section, the
defendant shall be deemed to have given consent to the person's
appearance by interactive video.
"

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