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

SPONSOR Berry

ORIGINAL DATE

LAST UPDATED

2/08/2007

2/26/2007 HB 762/aHCPAC

SHORT TITLE Remove Crime of Harboring a Felon Exceptions

SB

ANALYST Schuss

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)

New Mexico Corrections Department (NMCD)

Administrative Office of the District Attorney (AODA)

Public Defender Department (PDD)

SUMMARY

Synopsis of HCPAC Amendment

The amendment proposed by the House Consumer and Public Affairs Committee reinstates the

brother and sister exception to the crime of harboring or aiding a felon and adds an age

requirement. HB 762 now reads as follows:

Harboring or aiding a felon consists of any person, not standing in the relation of

husband or wife, parent or grandparent or child or grandchild brother or sister

under the age of eighteen by consanguinity or affinity, who knowingly conceals

any offender or gives the offender any other aid, knowing that the offender has

committed a felony, with the intent that the offender escape or avoid arrest, trial,

conviction or punishment.

Synopsis of Original Bill

House Bill 762 amends Section 30-22-4 NMSA 1978 to remove the brother or sister exception to

the crime of harboring or aiding a felon.

House Bill 762/aHCPAC – Page

2

SIGNIFICANT ISSUES

PDD notes that in the case of State v. Lucero, 88 N.M. 441, 541 P.2d 430 (1975), the Supreme

Court held that this statute’s exemption of those standing in close relationship to a felon from

scope of the statute did not violate equal protection since these classifications are reasonable. It

is unclear why those related as brother or sister will now be removed from the exemption.

AODA states that currently there are relatively few prosecutions under this statute because of the

requirement that the person being prosecuted must do the harboring knowing that the offender

has actually committed a felony.

BS/csd