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.

 

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website.  The Adobe PDF version includes all attachments, whereas the HTML version does not.  Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

 

 

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

 

 

 

SPONSOR:

Vaughn

 

DATE TYPED:

03/04/03

 

HB

341

 

SHORT TITLE:

Children & Crimes Against Household Members

 

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)

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the Courts (AOC)

Corrections Department (CD)

Administrative Office of the District Attorneys (AODA)

Attorney General (AG)

Public Defender Department (PDD)

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 341 amends Section 30-3-11 NMSA 1978, providing the following increases in penalties for crimes committed against a household member, when they are committed in the presence of a child:

 

  • Assault against a household member becomes a full misdemeanor instead of a petty misdemeanor;
  • Aggravated assault against a household member becomes a third degree felony instead of a fourth degree felony;
  • Assault against a household member with intent to commit a violent felony becomes a second degree felony instead of a third degree felony; and
  • Battery against a household member becomes a fourth degree felony instead of a full misdemeanor.   

 

“Child means a minor under the age of thirteen.”

 

     Significant Issues

 

The Administrative Office of the District Attorneys (AODA) notes that "presence of a child" should be defined.  It is not clear whether the child must merely be present, within sight or sound of the incident or cognizant of the perpetrator’s actions.  AODA indicates that it is unclear whether the presence of a sleeping child or the presence an infant qualifies an offender for the new penalties.

 

The Public Defender Department (PDD) notes that a huge number of domestic abuse incidents happen in the presence of a child, meaning that the bill will likely have an immediate and significant effect on the department’s clients and their families.  PDD notes that the provisions of the bill will likely increase the number of children who act as witnesses.

 

FISCAL IMPLICATIONS

 

PDD indicates that increased attorney time and ever-burgeoning trial dockets will drive up the costs associated with in-house attorneys and contract counsel throughout the state.  PDD estimates an increase of $166.0 for in-house counsel and a parallel increase in contract attorney fees.  Additionally, the bill will likely have a significant fiscal impact on prosecutors and on the courts. 

 

AOC notes that if the trial rate increases significantly as a result of the provisions of the bill, courts may need additional personnel to manage the caseload.   

 

The Corrections Department (CD) notes that the bill will likely result in increased costs to the department, as a number of domestic violence offenders will be serving longer terms.  CD further notes that the longer terms of supervision of offenders on probation and/or parole will likely prompt a slight increase in administrative costs.

 

JCF/njw