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

SPONSOR

Swisstack

ORIGINAL DATE

LAST UPDATED

1/19/07

2/24/07 HB

50/aHJC

SHORT TITLE

Providing Criminal Penalties for Gang Recruitment

SB

ANALYST Ortiz

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates SB151

Companion to HB49

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (PDD)

No Response Received From

Administrative Office of the District Attorneys (AODA)

SUMMARY

Synopsis of HJC Amendment

House Judiciary Committee Amendment inserts the word knowingly so that gang recruitment

consists of the solicitation or recruitment of another with the intent that the person solicited or

recruited ) knowingly participate in a pattern of criminal gang activity and gang recruitment by

threat or violence consists of threatening another with physical violence on two or more separate

occasions within a thirty-day period, or using physical violence, with the intent to coerce, induce

or solicit another to knowingly participate in a pattern of criminal gang activity.

The following new language is added to the list of felonies for primary gang activities:

•

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

•

felony graffiti, pursuant to Section 30-15-1.1 NMSA 1978

House Bill 50

/aHJC

– Page

2

Synopsis of Bill

This House Bill 50 proposes to create a new crime for recruiting others to join criminal street

gang or for inducing participation in criminal street gang activity. It also provides increased

penalties for recruitment and inducement of minors.

The bill provides two distinct definitions of “gang recruitment." The first is by the solicitation of

others to engage in a pattern of gang activity or to engage in felonious conduct. The penalty for

gang recruitment by solicitation of an adult is a misdemeanor; recruitment by solicitation of a

minor is a fourth degree felony.

The second delineation of recruitment is by threat or violence. This is defined as “threatening

another with physical violence on two or more separate occasions within a thirty-day period, or

using physical violence with the intent to coerce, induce or solicit another" to commit the crime

defined in this bill.

FISCAL IMPLICATIONS

There is always a possibility that more criminal defendants will proceed to trial instead of

accepting a plea offer when penalties are enhanced. This may result in an increased case load

and additional court time for Public Defender Department attorneys.

SIGNIFICANT ISSUES

Subsection C of the bill defines “criminal street gang." No guidance is given on whether proving

the existence of a gang must be proven by the prosecution or disproven by the defendant.

Subsection D additionally defines “pattern of criminal gang activity" as the commission or

attempted commission of two or more of the Bill’s enumerated felonies. Again, no guidance is

given on whether proving that these prior felonies were committed in furtherance of gang

activities must be done by the prosecution or disproven by the defendant.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Duplicates SB151

Duplicates HB49

EO/mt