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SPONSOR: |
McSorley |
DATE TYPED: |
|
HB |
|
||
SHORT TITLE: |
Increase Penalties for Larceny |
SB |
869 |
||||
|
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 Significant |
Recurring |
General
Fund |
|
|
|
|
|
|
(Parenthesis
( ) Indicate Expenditure Decreases)
Conflicts with HB 596
(Equitable Sentencing Schedule—conflicting penalties)
Responses
Received From
Administrative
Office of the Courts (AOC)
Attorney
General (AG)
Corrections
Department (CD)
Public
Defender Department (PDD)
Administrative
Office of the District Attorneys (AODA)
SUMMARY
Synopsis
of Bill
Senate Bill 869 amends 30-16-3 and 30-16-11,
increasing penalties for the offenses of burglary and receiving stolen
property.
The bill amends Section 30-16-11 NMSA, providing
the following penalties for receiving stolen property:
Significant
Issues
Currently, burglary is:
Currently, penalties for receiving stolen property are as follows:
· A petty misdemeanor when the value of the property is $100 or less;
· A misdemeanor when the value of the property is over $100 but not more than $250;
· A fourth degree felony when the value of the property is over $250 but not more than $2500;
· A third degree felony when the value of the property is more than $2500 but not more than $20,000; and
· A second degree felony when the value of the property is more than $20,000.
· A fourth degree felony for receiving a stolen firearm if its value is less than $2500.
The Public Defender Department (PDD) notes that
under the provisions of the bill, anyone who commits receiving stolen property
valued less than $2500 is subject to a 4th degree felony. PDD notes that an individual might purchase
virtually any nominally valued consumer good and be subject to the penalties of
this statute. Because barter, flea
markets, garage sales, hand-to-hand transactions and trading thrives in
FISCAL IMPLICATIONS
The
Corrections Department (CD) estimates that the bill will likely result in an
increase of approximately 50 to 100 prison commitments each year and a
corresponding yearly increase in probation and parole caseloads. As a result, CD estimates that the fiscal impact
to the department will likely be significant.
Courts,
PDD and district attorneys will likely experiences significant increases in
costs as a result of increased penalties. PDD notes that all cases involving receiving
stolen property will be heard in district court, as they are all felonies, and
that attorney costs in district court are higher than in magistrate court.
CONFLICTS
Conflicts with HB
596 (Equitable Sentencing Schedule).
HB 596 provides that penalties for receiving
stolen property are as follows:
A petty misdemeanor where the monetary amount
involved is $100 or less;
A misdemeanor where the amount involved is over
$100 but not more than $1,000;
A fourth degree felony where the amount involved
is over $1,000 but not more than $2,500;
A third degree felony where the amount involved
is over $2,500 but not more than $20,000; and A second degree felony where the
amount involved is over $20,000.
HB 596 does not alter penalties for receiving a
stolen firearm where the value is less than $2500.
JCF/prr