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

HJC

DATE TYPED

2/9/04

HB

164/HJCS

 

SHORT TITLE

Prohibit Damage to Community Property

SB

 

 

 

ANALYST

Wilson

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

See Narrative

 

 

 

SOURCES OF INFORMATION

LFC Files

 

SUMMARY

 

Synopsis of Bill

 

House Judiciary Committee Substitute for House Bill 164 amends the Criminal Damage to Property statute Section 30-15-1 NMSA 1978 to prohibit criminal damage to property of a household member. 

 

Household member is defined as a spouse, former spouse or family member, including a relative, parent, present or former stepparent, present or former in-law, co-parent of a child or person with whom a person has had a continuing personal relationship. Cohabitation is not necessary to be deemed a house hold member for the purposes of this bill.

   

Significant Issues

 

This bill will criminalize damage to property regardless of whether a perpetrator jointly owns the property with another.  This bill would alter the effect of the Court of Appeals’ holding in State v. Powels, 2003-NMCA-090, 134 N.M. 118, 73 P.3d 256 in which the Court affirmed the dismissal of a criminal indictment against a defendant for criminal damage to property because the property damaged was the community property of both the defendant and the victim.        

 

The AGO states this bill appears to apply in the situation where two persons married to each other are going through a divorce or are otherwise engaging in a domestic dispute, and one of the spouses intentionally damages a piece of property that is owned by both spouses (under the community property laws of New Mexico), but is being maintained or used by the other spouse.  Under the current law, and without the language included in this bill, a disgruntled spouse who intentionally damaged community property being maintained or used by the other spouse would probably not be guilty of the crime of criminal damage to property. 

 

This bill will allow a criminal damage to property charge to be brought against a household member who destroys property owned by both parties.   There could be an increase in pro se petty misdemeanor criminal damage cases (damage under $1,000) in magistrate and metropolitan court.  A district attorney is not required to file misdemeanor or petty misdemeanor charges in those courts.

   

FISCAL IMPLICATIONS

 

The AOC forecasts a minimal administrative cost for statewide update, distribution, and documentation of statutory changes.  Any additional fiscal impact on the judiciary would 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 in the courts, thus requiring additional resources to handle the increase.

 

CD estimates this bill might cause a slight increase in the number of persons convicted of the crime of criminal damage to property, and thus may cause a slight increase in the number of offenders incarcerated in or placed on probation with the CD.  It is estimated that most people convicted of this sort of criminal damage to property would be given probation rather that sentenced to prison.  CD believes that they can absorb any increased costs to them.

 

ADMINISTRATIVE IMPLICATIONS

 

The AOC forecasts a minimal added administrative cost as a result of the provisions of this bill.

 

The CD states that the bill could result in a minor increase in the administrative burden upon CD personnel who may be required to manage a larger prison system or larger probation or parole caseloads. 

 

DW/sb:YR