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 Swisstack

ORIGINAL DATE

LAST UPDATED

1/22/07

1/29/07 HB 49/aHCPAC/aHJC

SHORT TITLE Street Gang Activity Sentencing Enhancement

SB

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB145

Relates to HB50

Relates to SB151

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Public Defender Department (PDD)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment adds that the following two new felonies: felony

criminal damage to property, pursuant to Section 30-15-1 NMSA 1978 and felony graffiti,

pursuant to Section 30-15-1.1 NMSA 1978; are subject to the enhancements imposed. It also

makes several language revisions to the alteration of gang related crimes basic sentence with the

underlined changes. When a separate finding of fact, proved beyond a reasonable doubt to a jury

or to the judge if the defendant's right to a jury trial has been waived, that a felony enumerated in

Subsection B of this section was knowingly

committed for the benefit of, at the direction of or in

association with a criminal street gang and with the

intent to promote, further or assist in

criminal conduct by gang members, the basic sentence of imprisonment prescribed for the

offense shall be increased.

House Bill 49/aHCPAC – Page

2

Synopsis of HCPAC Amendment

The Consumer and Public Affairs Committee amendment clarifies which entities do not

constitute a criminal street gang and adds the following language to page 5 line 14:“but “criminal

street gang" does not include a fraternal organization, union, corporation, association or similar

entity, unless organized for the primary purpose of engaging in criminal activity".

Synopsis of Original Bill

House Bill 49 enhances the basic sentence for crimes committed in furtherance of criminal street

gang activity, when a finding of fact shows that a felony listed in Subsection B of the bill was

committed for the benefit of, at the direction of, or in association with a criminal street gang and

with a specific intent to promote, further or assist in criminal conduct by gang members.

The basic sentence of imprisonment is increased as follows:

.

An additional one year for a fourth degree felony

.

An additional two years for a third degree felony

.

An additional three years for a third degree felony resulting in death

.

An additional four years for a second degree felony

.

An additional six years for a second degree felony resulting in death

.

An additional eight years for a first degree felony

The following felonies are subject to the enhanced penalty, as provided in Subsection B of the

bill:

1.

Homicide

2.

Voluntary manslaughter

3.

Aggravated assault

4.

Assault with intent to commit a violent felony

5.

Aggravated battery

6.

Shooting at a dwelling or occupied building, or shooting at or from a motor vehicle

7.

Aggravated stalking

8.

Kidnapping

9.

Sexual exploitation of children by prostitution

10.

Dangerous use of explosives

11.

Possession of explosives, explosive devices or incendiary devices

12.

Criminal sexual penetration in the first, second or third degree

13.

Criminal sexual contact of a minor

14.

Robbery

15.

Burglary

16.

Aggravated burglary

17.

Extortion

18.

Aggravated fleeing a law enforcement officer

19.

Harboring or aiding a felon

20.

Aggravated assault upon a peace officer

21.

Assault with intent to commit a violent felony upon a peace officer

22.

Aggravated battery upon a peace officer

23.

Bribery or intimidation of a witness or retaliation against a witness

24.

Trafficking in a controlled substance

25.

Unlawful taking of a motor vehicle

House Bill 49/aHCPAC – Page

3

26.

Money laundering

27.

An attempt to commit any of the above felonies

FISCAL IMPLICATIONS

There would also 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,

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

courts, thus requiring additional resources to handle the increase.

EO/nt