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SPONSOR: |
Gorham |
DATE TYPED: |
|
HB |
|
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SHORT TITLE: |
“Criminal Offense” in Victims of Crime Act |
SB |
339 |
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ANALYST: |
Fox-Young |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
$0.1 Unknown |
Recurring |
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Administrative
Office of the Courts (AOC)
Attorney
General (AG)
Administrative
Office of the District Attorneys (AODA)
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