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F I S C A L I M P A C T R E P O R T

SPONSOR HJC

DATE TYPED 03/04/05 HB 441/HJCS

SHORT TITLE Criminal Damage to Community Property

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of HJC Bill Substitute

The House Judiciary Committee substitute for House Bill 441 creates the new crime of criminal

damage to property of a household member, which consists of intentionally damaging any real or

personal property of a household member without the consent of all owners of the property. The

violation is a petty misdemeanor, unless the damage amounts to more than $1,000, in which case

the violation is a 4

th

degree felony.

Household member means a spouse, former spouse, or family member, including a relative, par-

ent, 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 household member.

Significant Issues

This bill applies to the facts of a case decided in 2003 by the New Mexico Court of Appeals in

which an angry husband destroyed his wife’s car. The husband was charged with criminal dam-

age to property but the Court of Appeals held that the charge was invalid because the husband

was destroying community property in which he had an ownership interest.

House Bill 441/HJCS -- Page 2

FISCAL IMPLICATIONS

The bill may result in minor costs increases for increased judicial proceedings and criminal sen-

tences. However, the total impact is likely to be minor.

TECHNICAL ISSUES

The definition of household member is somewhat broad, particularly as it applies to a “person

with whom a person has had a continuing personal relationship.” Could this be read to include

friends or other individuals who would not normally be considered household members.

EF/yr