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

SPONSOR

Rehm

ORIGINAL DATE

LAST UPDATED

2/1/07

HB 480

SHORT TITLE

Statute of Limitations for Certain Crimes

SB

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Corrections Department (CD)

SUMMARY

Synopsis of Bill

This bill restricts the period for prosecuting the crimes of conspiracy and tampering with

evidence to the same time period as the crime for which the crime conspired to be committed

would be prosecuted or the time for which the tampering with evidence was committed would be

prosecuted, respectively. The bill also clarifies that there shall be no limitations period for

capital or first degree felonies, not just “violent" capital or first degree felonies.

The effective date of the Act is July 1, 2007.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes. Any additional fiscal impact on the State of New Mexico would be

proportional to the enforcement of this law and the commencement of additional 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.

House Bill 480 – Page

2

According to the Corrections Department HB480 could result in a decrease in operating

expenses or on the other hand an increase in operating expenses. The impact to operating

expenses is dependent upon which of two counter assumptions one believes will occur as a result

of this bill passing. Restricting the period for prosecuting the crimes of conspiracy and

tampering with evidence could have two very distinct and converse outcomes. The bill could

result in fewer convictions because prosecutors may fail to prosecute within the limitations

period of the underlying crime. Conversely, it could result in additional convictions if

prosecutors become more cognizant of the limitations period and more aggressively pursue

prosecution for the crimes within the permissible period. If the first assumption holds true the

Corrections Department’s operating expenses may decrease because less convictions would

result in few offenders being within the custody or under the supervision of the Department. If

the second assumption holds true the Corrections Department’s operating expenses may increase

because more convictions would result in additional offenders being within the custody or under

the supervision of the Department.

SIGNIFICANT ISSUES

The present statute sets out the time limitations for prosecution of crimes based on the penalty

imposed, e.g., the time limitation for a second degree felony is set at six years. If a defendant

were also charged with conspiracy in regard to that second degree felony offense, pursuant to

NMSA 1978, §30-28-2, the conspiracy would be penalized as a third degree felony. The

tampering statute, as most recently amended, NMSA 1978, §30-22-5, similarly steps down the

tampering penalty from its associated offense. Although this bill would effectively shorten the

time for the bringing of a conspiracy or tampering charge, both the prosecution and the defense

of these charges along with their underlying offenses would be streamlined by resolution in

single trial.

PERFORMANCE IMPLICATIONS

The courts are participating in performance-based budgeting. This bill may have an impact on

the measures of the district courts in the following areas:

•

Cases disposed of as a percent of cases filed

•

Percent change in case filings by case type

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

CS/csd