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F I S C A L I M P A C T R E P O R T
SPONSOR Garcia, MP
DATE TYPED 2/24/05
HB 808
SHORT TITLE Expand Drug-Free School Zone Definition
SB
ANALYST Ford
APPROPRIATION
Appropriation Contained Estimated Additional Impact Recurring
or Non-Rec
Fund
Affected
FY05
FY06
FY05
FY06
$20.0-500.0 Recurring General Fund
(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)
Attorney General (AGO)
Department of Corrections (NMCD)
Department of Health (DOH)
Public Defender Department (PDD)
Public Education Department (PED)
SUMMARY
Synopsis of Bill
House Bill 808 expands the definition of drug-free school zone to include parochial, private and
charter schools. It also removes the existing exclusion for drug sales from private residences
which are within the drug-free school zone from the penalty enhancement provisions.
The drug-free school zone law provides for enhanced penalties for drug sales and distribution
within the specified school zone. This bill would expand the penalty enhancements to convic-
tions for sales and distribution near non-public schools and in private residences near public and
non-public schools.
pg_0002
House Bill 808 -- Page 2
FISCAL IMPLICATIONS
By expanding the definition of drug-free school zone and removing the private-residence exemp-
tion, there may be more drug arrests that are subject to penalty enhancement and longer prison
sentences. This could result in cost increases to the NMCD. However, according to NMCD, the
number of convictions falling under the new language would be minimal.
TECHNICAL ISSUES
The bill expands the definition to include charter schools, but charter schools are considered pub-
lic schools.
EF/yr