Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports if they are used for other purposes.

 

Current FIRs (in HTML & Adobe PDF formats) are available on the NM Legislative Website (legis.state.nm.us).  Adobe PDF versions include all attachments, whereas HTML versions may not.  Previously issued FIRs and attachments may also 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

Lopez

DATE TYPED

2/11/2004

HB

 

 

SHORT TITLE

Exposure of Domestic Violence Shelters

SB

548

 

 

ANALYST

Valenzuela

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

NFI

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

-         Report of the Legislative Finance Committee to the Forty-sixth Legislature, Second Session, January 2004 for Fiscal Year 2004 – 2005, pp. 650 - 658.

 

Responses Received From

Administrative Office of the Courts

Commission on the Status of Women

Human Services Department

Public Defender Department

 

No Response Received From

Department of Public Safety did not respond to a request for a bill analysis.

 

SUMMARY

 

Synopsis of Bill

 

Senate Bill 548 adds a new section to the Crimes Against Household Members Act that would define malicious exposure of a domestic violence shelter and make it a misdemeanor crime carrying a jail sentence of not less than 72 consecutive hours. The bill defines malicious exposure as disclosing the location of the shelter for the purpose of (1) causing or encouraging harm to the shelter or its residents or (2) intimidating, harassing or frightening the occupants or staff of the shelter. The jail term cannot be suspended, deferred or taken under advisement.

 

 

 

 

Significant Issues

 

SB 548 would criminalize disclosure of a domestic violence shelter, if based on malicious intent. This bill would create more protection for individuals seeking safety and assistance from domestic violence shelters, and for the staff providing these services. 

 

The Department of Public Safety (DPS) has modified its strategic plan to reduce domestic violence and crimes against children.  While crime is declining nationally, it has been increasing in New Mexico with the state’s violent crime rate outpacing the national average for more than a decade.  The graphic below highlights those crimes where New Mexico exceeded the national average for 2001.

 

In New Mexico, violent crime per capita, a DPS strategic focus, is 55 percent higher than the national average.  In its strategic plan, the department outlines several activities and performance measures to gauge its effectiveness, including a set of domestic violence training activities for law enforcement officers and victims.  DPS, representing only 18.1 percent of law enforcement personnel in New Mexico, must collaborate with local law enforcement to address crime throughout the state.  Defining jurisdictional roles and responsibilities with local law enforcement will be critical for DPS to effectively attack increasing crime, including domestic violence.

 

According to the Commission on the Status of Women, 16,579 new clients are served by 29 domestic violence providers across our state:

 

  • 7,810 were adult victims, 47 percent of total
  • 5,418 children, 33 percent of total 
  • 3,341 offenders, 20 percent of total. 

In New Mexico 77 percent of suspects/offenders identified by law enforcement are male and 89 percent of offenders identified by domestic violence providers are male. According to the New Mexico Female Intimate Partner Violence Death Review Team, Getting Away with Murder II, every year an average of 15 women are killed by their intimate partner

 

Source: Crime in the United States 2001, (NM), Bureau of Justice Statistics, 2003

 

 

FISCAL IMPLICATIONS

 

SB 548 does not contain an appropriation.

 

The fiscal impact will be proportional to the enforcement of this law and commenced prosecutions.  New laws, amendments to existing laws, and new hearings have the potential to increase caseloads, thus requiring additional resources to handle the increase.                      

 

MFV/yr