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 Cervantes

ORIGINAL DATE

LAST UPDATED

2/6/2006

2/9/2006 HB 743/aHJC

SHORT TITLE Crime of Assault on a Health Care Worker

SB

ANALYST McOlash

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

None

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (PDD)

Administrative Office of the Courts (AOC)

Corrections Department (CD)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment (page 1, line 25) to HB 743 exempts a skilled nurs-

ing facility, a nursing facility, or other long-term residential care facility from the definition of

“health facility.”

The amendment redefines “health care worker” in Section 1, A, 2 as follows:

(2) “health care worker” means an employee of a health facility

who is subject to professional licensure or provides direct

unsupervised patient care in inpatient settings: and or a licensed

emergency medical technician; and

Synopsis of Original Bill

House Bill 743 amends the criminal code to create the following crimes:

•

Assault upon a health care worker, misdemeanor

House Bill 743/aHJC - Page 2

•

Aggravated assault upon a health care worker, third degree felony

•

Assault with intent to commit a violent felony upon a health care worker, sec-

ond degree felony

•

Battery upon a health care worker, fourth degree felony

•

Aggravated battery upon a health care worker

a.

inflicting an injury not likely to cause death or great bodily harm

but does cause painful temporary disfigurement or temporary loss

or impairment of the functions of any member or organ of the

body, fourth degree felony

b.

inflicting great bodily harm or with a deadly weapon or in any

manner whereby great bodily harm or death can be inflicted, third

degree felony

•

Assisting or being assisted to commit battery upon a health care worker,

fourth degree felony

The bill requires that the health care worker be “in the lawful discharge of the health care

worker’s duties,” meaning engaged in the performance of the duties of a health care worker. The

bill also defines “health facility” and “health care worker.”

House Bill 743 is in response to Executive Message 99.

FISCAL IMPLICATIONS

The bill does not contain an appropriation.

According to AOC, there will be a minimal administrative cost for statewide update, distribution,

and documentation of statutory changes. Any additional fiscal impact on the judiciary would be

proportional to the enforcement of this law and commenced prosecutions. New laws, amend-

ments to existing laws, and new hearings have the potential to increase caseloads in the courts,

thus requiring additional resources to handle the increase.

The creation of new crimes, particularly the new felonies, will have a negative fiscal impact on

the Corrections Department. This impact will be the result of having to incarcerate and supervise

probationers/parolees. Because the number of offenders is expected to be relatively small, this

impact is expected to be minimal.

BMC/nt:yr