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SPONSOR: |
Hurt |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Create Duty to Report DWI Convictions |
SB |
170 |
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ANALYST: |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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See Narrative |
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(Parenthesis ( ) Indicate Revenue Decreases)
Public
Defenders Department (PDD)
No
Responses Received From
Taxation
& Revenue Department (TRD)
Administrative
Office of the District Attorneys (
SUMMARY
Synopsis
of Bill
Senate Bill 170
requires a person licensed to drive in the State of
Significant
Issues
The PDD states SB 170 puts a duty on persons
convicted to provide information that is already vested in law enforcement
offices and courts. It threatens the
integrity of the information system already in place.
The requirement to report convictions is already
contained in the Motor Vehicle Code. The
courts have the duty to report convictions to the MVD and the MVD has the duty
to maintain the information for use by appropriate agencies. See
NMSA 1978, sections 1-17, et seq.,
66-8-132.
FISCAL IMPLICATIONS
TRD will need
resources to implement the provisions of SB 170.
The PDD claims SB 170 will place an additional burden on them by creating a new category of offense. They find it difficult to predict how many additional misdemeanor charges will be brought under this legislation. It is more than likely, however, that failure to report charges will be brought as probation violations. With the rising number of DWI convictions, there are, in all likelihood, several hundred people who will be subject to the duty to report who will not and who will be subject to probation violations. The PDD will need additional attorneys and support staff to handle the increased caseload. The number of additional staff that will be needed is not known.
ADMINISTRATIVE IMPLICATIONS
The collection of
accurate information regarding convictions is already the duty of law enforcement
agencies, the courts, and the MVD, but SB 170 will require the enhancement of
the existing system, especially in the area of enforcement.
DW/njw:prr