NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the 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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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Martinez

 

DATE TYPED:

02/10/03

 

HB

241/aHCPAC

 

SHORT TITLE:

Carrying Deadly Weapons On School Premises

 

SB

 

 

 

ANALYST:

Fox-Young

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

$0.1 Minimal

Recurring

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

Attorney General (AG)

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Corrections Department (CD)

State Department of Education (SDE)

Department of Public Safety (DPS)

 

SUMMARY

 

     Synopsis of HCPAC Amendment

 

The House Consumer and Public Affairs Committee makes a technical adjustment.

 

The amendment expands the list of individuals excepted from “unlawful carrying of a deadly weapon on school premises” to include a parent, guardian or designee thereof.   (Original bill reads “parent or guardian.”)

 

TECHNICAL ADJUSTMENTS

 

As the bill is written, anyone can claim to be a designee.  To clarify the Legislative intent, the bill might require that a parent, guardian or anyone carrying a written designation from a parent or guardian be excepted.

 

     Synopsis of Original Bill

 

This bill amends Section 30-7-2.1 NMSA 1978.  Current law allows a person older than nineteen years of age on school premises in a private automobile or other private means of conveyance to possess a deadly weapon for lawful protection of the person’s or another’s person or property.  This bill adds that this person must be a parent or guardian of a child who attends the school.

 

“Firearm” is defined as a handgun, rifle, shotgun, or any other weapon that is designed to expel a projectile by action of an explosion.

 

     Significant Issues

 

The relevant amendment reads as follows:  “Unlawful carrying of a deadly weapon on school premises consists of carrying a deadly weapon on school premises except by:” then listing the five exceptions.  The fifth exception, relating to parents or guardians over the age of nineteen, limits the class of deadly weapons to firearms, meaning that a parent or guardian could still be prosecuted under the statute if the deadly weapon was one other than a firearm.  The Attorney General (AG) notes that limiting the fifth exception to firearms, rather than all deadly weapons, presents a conflict.

 

The State Department of Education (SDE) notes that, notwithstanding the current status of the Concealed Handgun Carry Act set forth at 29-18-1 NMSA 1978, this bill does not address removal of the firearm from the car for purposes of lawful protection.  

 

FISCAL IMPLICATIONS

 

Corrections Department (CD) notes the possibility of a slight increase in the prison population and in probation costs. 

 

TECHNICAL ISSUES

 

The AG notes that the definition of “firearm” included in the bill may conflict with other definitions already in statute.  Section 30-1-12 lays out the broader definition of “deadly weapon” which includes “any firearm, whether loaded or unloaded…”  Section 30-7-16, the statute outlawing possession of firearms or destructive devices by felons, includes a definition for firearms which is slightly different from the one proposed, as it includes the frame or receiver of any such weapon or any firearm muffler or silencer.  AG adds that the Use Note and committee commentary to the corresponding jury instruction on this definition, UJI 14-704 NMRA 2002, clarifies that this definition of firearm is limited to Section 30-7-16.

 

JCF/sb:njw