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

SPONSOR Vigil

DATE TYPED 2/14/05

HB 664/aHJC

SHORT TITLE Scientific Personnel for DWI Prosecutions

SB

ANALYST Collard

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$115.0

Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Public Safety (DPS)

Public Defender Department (PDD)

Department of Health (DOH)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment to House Bill 664 was made to clarify the language

and has no impact on the intent of the original bill, which provides additional operational chem-

ists to train law enforcement personnel for improved prosecution of DWI offenders.

Synopsis of Original Bill

House Bill 664 appropriates $115 thousand from the general fund to the department of health for

the purpose of hiring operational chemists to train law enforcement personnel for improved DWI

prosecutions.

Significant Issues

The Scientific Laboratory Division (SLD) of DOH is responsible under the State Implied Con-

sent Act to train and certify law enforcement officers of New Mexico in the use of breath alcohol

testing instrumentation.

House Bill 664/aHJC -- Page 2

In contrast to the prosecution of alcohol-impaired drivers, for whom a per se blood alcohol level

of 0.08g/dl percent is sufficient for conviction, a conviction of driving while impaired for drugs

other than alcohol requires proof of causal drugs in the individual’s blood, and the relating of

these drugs to impaired behavior/performance of the driver under suspicion. Because of this, it

is important that law enforcement officers complete their police reports in such a manner and

with sufficient detail that, at trial, the expert witness for the prosecution can relate the physical

toxicology findings with the performance of the driver as reported by the arresting officer. Pre-

vious continuing education sessions offered by SLD toxicologists and operational chemists have

improved the utility and effectiveness of the law enforcement report at trial.

FISCAL IMPLICATIONS

The appropriation of $115 thousand contained in this bill is a recurring expense to the general

fund. Any unexpended or unencumbered balance remaining at the end of FY06 shall revert to the

general fund.

According to the Family Groups and Pay Schedule produced by the State Personnel Office on

January 3, 2004, an operational chemist has a pay range from $27,190 per year to $48,335 per

year. The $115 thousand appropriated in this bill would allow three chemists to be hired at a

mid-point salary of $37,762 per year. However, DOH indicates the funding provided by this bill

would enable SLD to hire two (2) operational chemists to provide training to law enforcement

officers for one year

ADMINISTRATIVE IMPLICATIONS

DPS recommends the training be accredited through the DPS New Mexico Law Enforcement

Academy Training and Recruiting Division.

RELATIONSHIP

DOH indicates House Bill 664 relates to House Bill 667 that proposes to appropriate $553 thou-

sand in recurring general funds to SLD for the purpose of purchasing state-of-the-art breath test-

ing instruments to replace those currently used by SLD and provided by to law enforcement

agencies throughout the state.

OTHER SUBSTANTIVE ISSUES

The Public Defender Department notes the problems with officer testimony has generally not

been in the area of chemical analysis, but rather unscientifically based biological tests.

DOH notes many police officers have not been adequately trained as to how to structure their

reports on the arrest to provide the maximum assistance to the assessment of performance by the

toxicologist who must, at the time of trial, link the physical findings with the behavior of the al-

leged offender. Continuing education by the toxicologists and operational chemists at SLD has

been offered sporadically in the past due to resource limitations. Training does significantly im-

prove the utility and effectiveness of the law enforcement report at trial.

These continuing education sessions for law enforcement officers have occurred only occasion-

House Bill 664/aHJC -- Page 3

ally and not at all in the current year due to an increasing workload in the Toxicology Bureau of

SLD. Providing additional resources to support these training sessions would benefit the DWI

initiative of the state.

The ability to hire operational chemists to provide training to law enforcement on the documen-

tation of drug-impaired behavior of motorists officers would improve the ability of prosecutors

to successfully prosecute DWI cases involving drugs other than alcohol, because the arrest report

would better enable the expert witness to link laboratory results with behavioral signs of impair-

ment, proving impairment beyond a reasonable doubt.

ALTERNATIVES

DPS suggests the money flow through DPS New Mexico Law Enforcement Academy Training

and Recruiting Division to facilitate and coordinate the related training.

KBC/lg:yr