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 a vailable 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 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 Cervantes

DATE TYPED 02/19/05 HB 494/aHCPAC

SHORT TITLE Jail Time Credit for First DWI Conviction

SB

ANALYST Ford

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Conflicts with HB 282, HB 472, HB 492, HB 493, HB 502, HB 506, SB 154, SB 581, SB 587

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

Attorney General (AGO)

Department of Public Safety (DPS)

Public Defender Department

SUMMARY

Synopsis of HCPAC Amendment

The House Consumer and Public Affairs Committee amendment removes the emergency clause.

Synopsis of Original Bill

House Bill 494 provides that jail time spent prior to a first conviction for DWI shall not be cred-

ited toward any imprisonment term. Current law provides that time served shall be credited to-

ward an imprisonment term. This bill is an emergency measure to take effect immediately.

House Bill 494/aHCPAC -- Page 2

PERFORMANCE IMPLICATIONS

Both the Department of Transportation and the Department of Public Safety have performance

measures related to reducing alcohol-related accidents, injuries and fatalities. To the extent the

increased jail time provided in this bill serves to reduce recidivism or act as a deterrent to DWI,

this bill could help the departments improve on these performance measures.

FISCAL IMPLICATIONS

There may be cost increases to county jails due to longer jail times.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Numerous bills have been introduced to combat New Mexico’s DWI problem, including several

that would amend the same sections amended in House Bill 494. Those bills include, House

Bills 282, 472, 492, 493, and 506 and Senate Bills 154, 581, and 587.

OTHER SUBSTANTIVE ISSUES

Both the AG and the Public Defender Department raised the concern this bill could be open to

constitutional challenges for a violation of equal protection and due process because the bill

would treat DWI offenders differently than other offenders for purposes of sentencing.

EF/lg:yr