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SPONSOR: |
Silva |
DATE TYPED: |
01/3/03 |
HB |
100 |
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SHORT TITLE: |
Bomb Scare Victim Reimbursement |
SB |
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ANALYST: |
Fox-Young |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates SB 31
Responses
Received From
Administrative
Office of the District Attorneys (AODA)
Administrative
Office of the Courts (AOC)
Public
Defender Department (PDD)
Attorney
General (AG)
SUMMARY
Synopsis
of Bill
House Bill 100 amends
Section 30-20-16 NMSA 1978 to allow for reimbursement by an offender to a
victim of the offense of making a bomb scare.
A court may order a person convicted of making a bomb scare to reimburse
the victim for economic harm caused by that offense.
“Economic harm” is
defined as all direct, incidental and consequential financial harm suffered by
a victim of the offense of making a bomb scare.
Section 30-20-16 NMSA 1978 shall not be construed to limit a court’s authority to order restitution to a victim of the offense of making a bomb scare pursuant to other provisions of law.
Significant Issues
The Attorney General (AG) notes that this bill requires criminal courts to alter their procedures to include the damage of “economic harm.”
The Association of District Attorneys (AODA) and Public Defender Department (PDD) each note that reimbursement of “actual damages” is currently covered by the Victim Restitution Act, Section 31-17-1. “Actual damages” is defined as “all damages a victim could recover against the defendant in a civil action arising out of the same facts or event.” This bill makes “economic harm” a valid basis for restitution, should it fail to fall within the broader definition of “actual damages” under 31-17-1.
DUPLICATION
Duplicates SB 31.
TECHNICAL ISSUES
The following technical changes would clarify the intent to include all costs encompassed by the phrase “economic harm,” including but not limited to the three listed in section D:
On page 2, line 6, after “includes” insert “but
is not limited to”.
On page 2, line 16, after “scare” insert “or
other similar costs”.