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

 

 

 

SPONSOR:

Gorham

 

DATE TYPED:

02/07/03

 

HB

 

 

SHORT TITLE:

“Criminal Offense” in Victims of Crime Act

 

SB

339

 

 

ANALYST:

Fox-Young

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

$0.1 Unknown

Recurring

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General (AG)

Administrative Office of the District Attorneys (AODA)

 

No Response

Public Defender Department (PDD)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 339 amends Section 31-26-3 NMSA 1978 (the Victims of Crime Act) to include aggravated assault against a household member, assault against a household member, battery against a household member, and aggravated battery against a household member within the definition of “criminal offense” for purposes of the Victims of Crime Act.

 

     Significant Issues

 

Under current law, domestic violence offenses may be prosecuted as assault, aggravated assault, battery, and aggravated battery.  The Attorney General (AG) notes that this bill clarifies the Legislature's intent to include domestic violence offenses within the definition of criminal offenses in the Victims of Crime Act.

 

The Administrative Office of the District Attorneys (AODA) notes that current law requires law enforcement officials to notify victims of domestic violence when an offender is released from jail, but currently there are no provisions to notify domestic violence victims when an offender is going before the Parole Board, being released on parole or unsupervised release, or when they escape.  AODA reports that this bill would provide these victims with additional rights.

 

FISCAL IMPLICATIONS

 

Fiscal implications for the courts, district attorneys, PDD and CD could be significant if prosecution of domestic violence increases in the face of this amendment.

 

JCF/njw