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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Saavedra

 

DATE TYPED:

 2/09/03

 

HB

284

 

SHORT TITLE:

Trafficking of Methamphetamine

 

SB

 

 

 

ANALYST:

Fox-Young

 

APPROPRIATION

 

 

Appropriation Contained

 

Estimated Additional Impact

 

Recurring

or Non-Rec

 

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

$0.1 Significant

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates HB 176

 

SOURCES OF INFORMATION

 

Responses Received From

Attorney General (AG)

Administrative Office of the District Attorneys (AODA)

Administrative Office of the Courts (AOC)

Corrections Department (CD)

 

No Response

Public Defender Department (PDD)

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 176 amends the criminal offense of trafficking controlled substances, Section 30-31-20, to include a methamphetamine, its salts, isomers and salts of isomers. 

 

Under current law, trafficking includes the manufacture of any Schedule I through V drug or a controlled substance analog and only distribution or possession with intent to distribute Schedule I or II narcotic drugs or analogs.  This bill adds methamphetamine, its salts, isomers and salts of isomers to these serious narcotic drugs.

 

Penalties and basic sentences (current and proposed) for distribution or possession with intent to distribute are as follows:

 

Offense                        Current Penalty, Basic Sentence          Proposed Penalty, Basic Sentence

1st                               3rd degree felony, 3 years                   2nd degree felony, 9 years

2nd & subsequent        2nd degree felony, 9 years                  1st degree felony, 18 years

 

FISCAL IMPLICATIONS

 

The total number of methamphetamine cases flowing through the judicial process is not likely to increase significantly; however, the increased penalties provided for distribution or possession with intent are likely to spawn significantly more trials.  As a result of the increase in the mandatory sentence, defendants accused of distribution will have a greater incentive to go to trial rather than accept a plea.  Because trials necessitate more resources than a plea does, courts, district attorneys and public defenders will likely see a significant increase in costs.  Additional FTE may be necessary in order to cover methamphetamine distribution cases without sacrificing in other areas.

 

This bill will likely prompt a substantial increase in the length of sentences to the department’s custody or supervision.  The Corrections Department (CD) estimates an annual increase of five to 20 prison sentences, five to 10 additional probation sentences, 10 to 30 longer prison sentences and 10 to 30 longer probation sentences.

 

DUPLICATION

 

Duplicates HB 176.

 

TECHNICAL ISSUES

 

The Attorney General (AG) notes that the word “of,” page two, line 12, should be deleted.

 

OTHER SUBSTANTIVE ISSUES

 

The AG asserts that policy concerns related to methamphetamine include the dangerous, explosive nature of methamphetamine labs, the prevalence of methamphetamine use in New Mexico, and the high cost of methamphetamine site cleanup.  The Administrative Office of the District Attorneys (AODA) notes that methamphetamine distribution currently results in a lower penalty than does cocaine or heroin distribution. 

 

JCF/yr