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

SPONSOR Carraro

DATE TYPED 2/24/05

HB

SHORT TITLE Aggravated Fleeing from an Officer

SB 391

ANALYST Wilson

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

$0.1

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the District Attorney (AODA)

Attorney General’s Office (AGO)

Corrections Department (CD)

Department of Public Safety (DPS)

Public Defender Department (PDD)

SUMMARY

Synopsis of Bill

Senate Bill 391 creates a crime making it an offense to flee a peace officer when the offender is

under the influence of intoxicating liquor or drugs. The bill makes the offence a fourth degree

felony.

Significant Issues

The DPS states current Statute, 30-22-1.1 makes it a felony to flee from a law enforcement offi-

cers willfully, in a careless manner when you endanger the life of another. If the wording of this

bill is included in the current statute, not as another element to prove the current statute, but as an

addition to the bill and a stand alone element this will be beneficial to our enforcement efforts.

The AODA notes this offense is similar to Section 30-22-1.1, NMSA 1978, that makes it a fourth

degree felony to willfully and carelessly drive a motor vehicle after being given a signal to stop.

Adding a subparagraph to the present Section 30-22-1.1, NMSA 1978, should be sufficient and a

Senate Bill 391 -- Page 2

new statute will not be necessary.

The AGO agrees and suggests amending current statute with additional language or provisions

for violation if the person is under the influence of intoxicating liquor or drugs.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution, and documenta-

tion of statutory changes. Any additional fiscal impact on the judiciary would be proportional to

the enforcement of this law and commenced prosecutions. New laws, amendments to existing

laws, and new hearings have the potential to increase caseloads for the district attorneys, the pub-

lic defenders and the courts, thus requiring additional resources to handle the increase..

The bill will probably cause an increase in convictions for these new crimes and result in mini-

mal to moderate increases in prison populations and probation and parole caseloads.

DW/yr