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F I S C A L I M P A C T R E P O R T
SPONSOR Park
DATE TYPED 02/14/05 HB 652
SHORT TITLE Increase Penalty for Homicide by Vehicle
SB
ANALYST Ford
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
See Narrative
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
Administrative Office of the District Attorneys (AODA)
Corrections Department (CD)
Department of Public Safety (DPS)
Public Defender Department (PDD)
Public Education Department (PED)
SUMMARY
Synopsis of Bill
House Bill 652 increases the penalty for homicide by vehicle and great bodily harm by vehicle
while under the influence of intoxicating liquor or any drug from a third degree felony to a sec-
ond degree felony. The bill requires persons convicted to be sentenced pursuant to Section 31-
18-15 NMSA 1978 which specifies that the penalty for second degree felonies resulting in death
of a human being is 15 years imprisonment (compared to 6 years for a similar third degree fel-
ony) and the penalty for other second degree felonies is 9 years imprisonment (compared to 3
years for third degree felonies).
pg_0002
House Bill 652 -- Page 2
FISCAL IMPLICATIONS
House Bill 652 may result in minor cost increases to the courts, AODA and PDD if defendants
are less likely to plead guilty and avoid trials in light of stricter penalties. Longer prison terms
may result in increased costs to the Corrections Department. However, Corrections Department
notes that there are not a large number of convictions for this crime.
CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP
Several bills have been introduced to combat New Mexico’s DWI problems, some of which in-
crease various penalties for DWI. However, none propose to amend provisions related to homi-
cide or great bodily injury by vehicle.
EF/lg