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

SPONSOR López

ORIGINAL DATE

LAST UPDATED

1/31/06

2/1/06 HB

SHORT TITLE Increase Domestic Violence Penalties

SB 393

ANALYST Medina

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY06

FY07

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to domestic violence

Duplicates HB 55

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (PDD)

Attorney General (AG)

SUMMARY

Synopsis of Bill

Senate Bill 393 amends Section 30-3-15 through 30-3-16 NMSA 1978 to increase criminal pen-

alties for those guilty of committing battery and aggravated batter against household members.

The bill establishes additional penalties for second and subsequent offenses by person commit-

ting battery or aggravated battery against a household member. For a second offense, the penalty

is a misdemeanor and mandatory 48 hour imprisonment. For a third offense, the penalty is a mis-

demeanor and a mandatory 30 imprisonment. For fourth and subsequent offenses, the penalty is a

fourth degree felony and mandatory 6 month imprisonment. The bill also requires that upon con-

viction the offender complete a mandatory domestic violence offender treatment program. Fi-

nally, the bill requires that if a sentence imposed pursuant to the provisions of the bill is sus-

pended or deferred in whole or in part, that the period of probation may extend beyond 364 days

but may not exceed 364 days plus 90 days.

SIGNIFICANT ISSUES

According to the Attorney General’s office, New Mexico ranks third in the nation for domestic

violence-related homicides. There were 26,940 reports of domestic violence incidents reported

Senate Bill 393 – Page 2

by law enforcement in New Mexico in 2004, a rate of 15.3 incidents of domestic violence for

every 1,000 persons. The Public Defender Department asserts that a very high percentage of re-

peat offenders have mental health problems for whom incarceration is not the solution. The At-

torney General‘s office and the Public Defender Department agree that treatment is a critical

component of stopping domestic violence.

ADMINISTRATIVE IMPLICATIONS

The mandatory treatment provision of this bill may require supervision to ensure compliance.

Also, the district attorneys and Public Defender Department caseload may increase commensu-

rate with demands for jury trial due to mandatory incarceration terms. A related increase in the

jail population may also be significant.

DUPLICATION

House Bill 55 is a duplicate of this bill.

TECHNICAL ISSUES

The bill only requires that a person commit, rather than be convicted of committing, battery or

aggravated battery against a household member to receive the prescribed penalties.

The Public Defender Department notes that by providing for self-enhancement, this misde-

meanor will not be subject o additional enhancement under the Habitual Offender Act.

ALTERNATIVES

According to the Public Defender Department, the mandatory sentences included in this bill may

provide significant hardships on the families of the offenders and that a sentencing judge should

have alternatives to incarceration in certain cases.

DXM/mt