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
SPONSOR: |
Carraro |
DATE TYPED: |
|
HB |
|
||
SHORT TITLE: |
Felony DWI Conviction |
SB |
16 |
||||
|
ANALYST: |
Maloy |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
See
Narrative |
Recurring |
General
Fund |
Responses
Received From
Department
of Public Safety
Corrections
Department
Administrative
Offices of the Courts
N.M.
Public Defenders Department
Administrative
Offices of the District Attorney
Highway
and Transportation Department
Health
Policy Commission
Significant Issues
A number of different
bills relating to DWI sentencing are presently under consideration. At this
time, it appears the following bills are either closely related to, or at least
in partial conflict with, SB 16. Among
these are:
·
HB 40, which makes a 3rd DWI
within 3 years a 4th degree felony.
·
HB 117, which mandates inpatient
treatment of at least 30 days upon 2nd and 3rd convictions;
requires that all jails provide substance abuse treatment for offenders during
their incarceration; establishes increasingly greater punishments, including
increased mandatory jail time for 5th, 6th, and 7th
convictions; and, elevates a 7th DWI offense to a 3rd degree
felony. HB 117 specifically excludes
felony DWIs from the Habitual Offender Act.
·
SB
92, which increases penalties for 5th and subsequent convictions.
·
SB 93, which makes a 5th DWI
conviction a 3rd degree felony with a one year minimum jail sentence
and 3 year basic sentence, and a 6th or subsequent conviction becomes a 2nd degree
felony with a minimum 3 year jail sentence and a 9 year basic sentence. SB 93
does not attempt to make any changes in the Habitual Offender Act.
·
HB 139, which provides for the seizure,
forfeiture and disposal of offenders’ vehicles.
·
HB 189, which requires alcohol screening
within 30 days of any DWI conviction, to be performed by a screening program
approved by the Department of Finance and Administration, followed by
completion of any necessary court-ordered treatment.
OTHER SUBSTANTIVE
ISSUES