NOTE: As provided in LFC policy, this report is
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legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
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SPONSOR: |
Miera |
DATE TYPED: |
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HB |
189/aHCPAC |
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SHORT TITLE: |
DWI Abuse Screening & Treatment |
SB |
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ANALYST: |
Chavez |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Relates to HB 40, HB 139, SB 93 and SB 99
Conflicts with HB 117 and SB 16
State
Highway & Transportation Department, Traffic Safety Bureau (SHTD)
Department
of Finance and Administration (DFA)
LFC
Files
SUMMARY
Synopsis
of HCPAC Amendment
The House Consumer and Public Affairs Committee amendment removes the 30-day time requirement that an offender, upon conviction, participate in and complete an alcohol or drug abuse screening program approved by the Department of Finance and Administration. The amendment would maintain current law which allows for participation and completion of an alcohol or drug abuse screening program within a time specified by the court.
Synopsis
of Original Bill
House Bill 189 amends
Section 66-8-102 NMSA 1978 to require an offender upon conviction to
participate in and complete an alcohol or drug abuse screening program approved
by the Department of Finance and Administration (DFA).
Significant
Issues
Currently, offenders can attend any alcohol or
drug abuse screening program. House Bill
189 will provide statewide standardization to a screening program in
conformance with legislative finance audit recommendations.
CONFLICT, RELATIONSHIP
Other than amending the same section of law,
there are no specific conflicts with HB 40, HB 139, SB 93, and SB 99.
However, HB 117 and SB 16 both eliminate the
mandatory requirement for second and subsequent DWI offenders to participate in
and complete an alcohol or drug abuse screening program which creates a
conflict with this bill.
The Traffic Safety Bureau within SHTD works closely with the Department of Health (DOH) on DWI issues. Currently, DOH has a database that tracks DWI offenders through the required alcohol or drug abuse screening program. However, the database is incomplete because there are no standards set for screening programs and therefore, no requirements to report information to DOH. Reporting is currently voluntary for screening providers. House Bill 189 would allow DOH to track all DWI offenders. SHTD does utilize this database through DOH for statistics and analysis.