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

2/18/2004

HB

 

 

SHORT TITLE

DWI Amendment Reconciliation

SB

CS/144 & 207/HJCS

 

 

ANALYST

Bransford

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY04

FY05

FY04

FY05

 

 

 

Indeterminate

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates HB 94/HJCS

Conflicts with SB 99

 

SOURCES OF INFORMATION

LFC Files

 

Response Received From

Attorney General (AG)

Corrections Department (CD)

Department of Transportation (DOT)

Public Defender Department (PDD)

Administrative Office of the Courts (AOC)

Department of Public Safety (DPS)

New Mexico Sentencing Commission (NMSC)

Department of Health (DOH)

Administrative Office of the District Attorneys (AODA)

 

SUMMARY

 

Synopsis of Bill

 

The House Judiciary Committee Substitute for Senate Judiciary Committee Substitute for Senate Bills 144 and 207 reenacts the amendments signed into law during the 2003 session, but repealed by a subsequent bill and contains an emergency clause.  The legislation increases the penalties for driving under the influence of intoxicating liquor or drugs (DWI) and creates new penalties for subsequent convictions.  It also expands elements of aggravated DWI, provides sanctions for probation violations, and mandates and clarifies treatment provisions for offenders.  The HJCS also increases the sentencing enhancement for prior DWI convictions when a person commits homicide by vehicle or great bodily harm by vehicle while intoxicated.

 

 Specifically the amendments to Section 66-8-102 NMSA 1978:

 

  • Lowers the legal blood/breath alcohol concentration for a person who drives a commercial vehicle from .08 to .04;
  • Expands aggravated DWI to include: a person under the influence, who is incapable of driving safely with one or more passengers under eighteen;
  • Provides sanctions for probation violators;
  • Increases the mandatory sentence from 72 hours to 96 hours for a second conviction;
  • Increases the sentence for a fourth DWI conviction 18 months, six months mandatory;
  • Adds a new sentence of two years for a fifth DWI conviction of a fourth degree, one year mandatory;
  • Adds a new sentence of 30 months for a sixth DWI conviction making it a third degree felony, 18 months mandatory;
  • Adds a new sentence of three years for a seventh DWI conviction making it a third degree felony, two years mandatory;
  • Mandates the Department of Finance and Administration to approve all alcohol and drug abuse screening programs;
  • Mandates court-approved inpatient and outpatient treatment upon a second or third conviction;
  • Mandates the Corrections Department to provide substance abuse counseling and treatment for offenders guilty of a felony DWI conviction, including those on probation and parole;
  • Adds a definition for commercial motor vehicle for this section;
  • Makes the language in Section 66-8-101 NMSA 1978 consistent with other sections of the Criminal Code;
  • Enhances the penalty for a person who commits homicide by vehicle or great bodily harm by vehicle while intoxicated from two years to fours years; and
  • Includes tribal jurisdictions for consideration of prior DWI convictions.

 

Significant Issues

 

DOT reports that if New Mexico does not comply with federal law requiring blood/breath alcohol concentration of .04 for a person driving a commercial vehicle the Department’s Federal Highway Construction Fund will be withheld at a rate of 5 percent or $8.4 million the first year and 10 percent or $16.8 million each year after.

 

The Motor Transportation Division (MTD) reports that failure to comply with federal commercial driver requirements may result in a loss of federal funds for enforcement as well.

 

FISCAL IMPLICATIONS

 

The Corrections Department reports that implementing the bill will have an indeterminate fiscal impact on the department because it will be required to provide substance abuse treatment to felony DWI offenders in its custody or on probation and parole.  The bill will also result in longer and perhaps more prison sentences.

The PDD and DAs report that as penalties increase more cases will go to trial.  However, both agree that it is impossible to predict future caseloads and therefore neither is requesting additional resources at this time.

 

ADMINISTRATIVE IMPLICATIONS

 

AOC reports that there will be an administrative impact on the courts which will require an unspecified amount of resources and time to hear additional cases.

 

CONFLICT

 

This legislation relates to HB 94/HJCS.  It conflicts with SB 99 in the penalties section for second convictions (five days for a second offense, 10 days for aggravated second offense).  SB99 has no provision for fifth, sixth or seventh convictions.  The bills all require treatment for second and third convictions but SB 99 requires 30 days inpatient and 60 days outpatient treatment.  SB 99 does not require CD to provide substance abuse counseling or treatment.

 

OTHER SUBSTANTIVE ISSUES

 

The AG reports that passing this bill will clarify legislative intent at issue in the State v. Anaya where the Supreme Court ultimately ruled that legislative intent was not clear and therefore a special kind of felony had been created not subject to habitual offender enhancement.  This bill does not treat DWI repeat felony offenders the same as all other repeat felony offenders for purposes of habitual offender enhanced penalties.

 

 

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