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|
SPONSOR: |
Martinez |
DATE TYPED: |
02/17/03 |
HB |
596 |
||
|
SHORT TITLE: |
Equitable Sentencing Schedule |
SB |
|
||||
|
|
ANALYST: |
Gilbert |
|||||
APPROPRIATION
|
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
|
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
|
$0.1
See Narrative |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
Relates to SB 525
Responses
Received From
Attorney
General’s Office (AGO)
Department
of Corrections (DOC)
SUMMARY
Synopsis
of Bill
House Bill 596 provides a new sentencing
schedule for larceny and property crimes.
Approximately twenty-eight sections in the criminal code and one section
in the tax code are amended.
For most of these crimes, a felony conviction is
currently applicable to any case involving monetary amounts in excess of
$250. This bill, however, raises the
monetary amount to $1,000.
Significant
Issues
HB 596 would make the crimes listed below a petty misdemeanor where the monetary amount involved is $100 or less, a misdemeanor where the amount involved is over $100 but not more than $1,000, a fourth degree felony where the amount involved is over $1,000 but not more than $2,500, a third degree felony where the amount involved is over $2,500 but not more than $20,000, and a second degree felony where the amount involved is over $20,000.
|
Desecration of a Church |
False Statement
and Fraud
|
|
Fraud |
Criminal Damage to Property |
|
Cheating a Machine or a Device |
Larceny |
|
Shoplifting |
Embezzlement |
|
Other Personal Property |
Receiving Stolen Property |
|
Misappropriating Public Assistance |
Fraudulent Use of Credit Cards |
|
Unauthorized Computer Use |
Computer Abuse |
|
Exploitation |
Fraudulent Telemarketing |
|
Fraudulent Acts by Merchants or their Employees |
Fraudulent Acts to Obtain or Retain Possession
of Rented or Leased Vehicle |
|
Falsely Obtaining Services or Accommodations |
Failing to Disclose Facts or Change of Circumstances
to Obtain Public Assistance |
|
Unlawful Use of Food Stamp Identification Card
or Medical Identification Card |
Computer Access with Intent to Defraud or
Embezzle |
|
Failure to Reimburse the Department upon Receipt
of third Party Payment |
Unlawful Dealing in Federal Food Coupons or
WIC Checks |
|
Procuring or Attempting to Procure Telecommunications
Service Without Paying |
Fraudulent Refusal to Return a Leased Vehicle
or other Personal Property |
|
Writing Worthless Checks |
Arson |
|
Improper Sale, Disposal, Removal or Concealing
of Encumbered Property |
|
FISCAL IMPLICATIONS
According to the New
Mexico Corrections Department (DOC), by increasing some penalties to third or
second-degree felonies, the bill could substantially increase prison
populations in later years. It would also
lengthen periods of parole and possibly probation sentences. There would be a slight positive impact for
crimes that remain a misdemeanor when the dollar amount is increased from $250
to $1000.
ADMINISTRATIVE IMPLICATIONS
The Attorney General’s
Office stated this bill might result in an increase in appellate caseload when
convictions are appealed.
RELATIONSHIP
Senate Bill 525 makes
revisions to the sentencing provisions relating to the crime of arson.
OTHER SUBSTANTIVE ISSUES
Graffiti, criminalized at Section 30-15-1.1,
still remains a petty misdemeanor up to one thousand dollars, but sentencing
provisions of that statute are quite detailed and specific with respect to
restitution and community service.
RLG/nw