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:

Carraro

 

DATE TYPED:

2/22/03

 

HB

 

 

SHORT TITLE:

Prohibit Sexual Offenders from Living in

New Mexico

 

SB

284

 

 

ANALYST:

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

See Narrative

Recurring

GF/OSF

SOURCES OF INFORMATION

 

Responses Received From

Administrative Offices of the Courts

Administrative Offices of the District Attorney

Corrections Department

Office of the Attorney General

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 284 proposes to prohibit persons convicted of certain sex offenses from moving to New Mexico.

 

            Significant Issues. 

 

1.         According to the District Attorneys Office, SB 284 “is completely violative of individuals' constitutional rights and guarantees, not the least of which is Equal Protection of the law. For instance, the bill prohibits persons convicted in other states from residing here, but not persons convicted here of the same offenses.” 

 

2.         The District Attorneys Office also asserts that this bill is “contrary to the provisions of our Megan's law, requiring registration of sex offenders and therefore implicitly allowing their presence in New Mexico.”

 

3.                 These same issues / concerns are raised by the other agencies submitting an analysis of this bill.

 

FISCAL IMPLICATIONS

 

Enacting this bill would undoubtedly lead to legal challenges.  This will be costly, and will take considerable FTE and budget resources from multiple agencies. 

 

SJM/njw