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 Arnold-Jones

ORIGINAL DATE

LAST UPDATED

2/2/06

HB 580

SHORT TITLE Sexual Assault Kits & Victim Services

SB

ANALYST Lewis

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

200.0

Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Health (DOH)

SUMMARY

Synopsis of Bill

House Bill 580, with emergency clause, appropriates $200,000 from the general fund to the Be-

havioral Health Services Division of the Department of Health for fiscal years 2006 and 2007 to

provide sexual assault kits and other services required by Section 29-11-7 NMSA 1978.

FISCAL IMPLICATIONS

The appropriation of $200,000 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2007 shall revert

to the general fund.

SIGNIFICANT ISSUES

Sec. 29-11-7 requires the director of the Mental Health Division of DOH to:

A.

provide free forensic medical exams to victims of sexual crimes;

B.

arrange for victims of sexual crimes to obtain free forensic medical exams; or

C.

reimburse victims of sexual crimes for the cost of forensic medical exams.

House Bill 580 – Page

2

The Department of Health (DOH) reports that

2,654 sex crimes were reported in New Mexico to

law enforcement agencies in 2004. Rape crisis and mental health centers served 1,804 victims of

sexual assault. Sexual Assault Nurse Examiners (SANE) programs served 1,103 victim patients.

Law enforcement agencies and sexual assault service providers reported from 31 to 42 percent of

criminal sexual penetration victims were victimized by age 12. Of all victims of non-criminal

sexual penetration crimes 62 to 82 percent were also victimized by age 12.

DOH notes that sexual violence is historically underreported, and that these figures represent

only those individuals who reported crimes or received services.

According to DOH, the Sex Crime Prosecution and Treatment Act [29-11-1 to 29-11-7] requires

DOH/BHSD to provide free forensic medical exams for victims of sexual crimes. Sexual assault

kits are used in the forensic medical exams. The cost of providing the services required by Sec.

29-11-7 is in excess of $500,000 per year in state general fund dollars, which historically have

been reallocated annually from other community-based behavioral health treatment services.

HB 580 is not part of the Department of Health’s executive budget request.

ML/nt