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

SPONSOR HJC

ORIGINAL DATE

LAST UPDATED

2/13/07

2/26/07 HB 918/HJCS

SHORT TITLE Child Solicitation by Electronic Device

SB

ANALYST Peery-Galon

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

FY09

NA

Unknown

Unknown Recurring Other State

Funds

(Parenthesis ( ) Indicate Revenue Decreases)

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

NA Unknown Unknown Unknown Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Public Defenders Department (PDD)

Public Education Department (PED)

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (AODA)

New Mexico Corrections Department (NMCD)

Children, Youth and Families Department (CYFD)

No Response Received From

New Mexico Sentencing Commission

SUMMARY

Synopsis of HJC Substitute

The House Judiciary Committee Substitute for House Bill 918 amends Section 29-11A-5 NMSA

1978 to include child solicitation by electronic communication device to the list of offenses that

the Department of Public Safety shall retain information regarding sex offenses on the sex

offender registry. The substitute for House Bill 918 amends Section 30-37-3.2 NMSA 1978 to

House Bill 918/HJCS – Page

2

make it illegal to use an electronic communication device for child solicitation. An “electronic

communication device" is defined as a computer, video recorder, digital camera, fax machine,

telephone, cellular telephone, pager, audio equipment or any other device that can produce an

electronically generated image, message or signal. The substitution for House Bill 918 amends

Section 30-37-3.2 NMSA 1978 clarifying that whoever commits child solicitation by electronic

communication device is guilty of fourth degree felony if the child is at least thirteen but under

sixteen years of age, or third degree felony if the childe is under thirteen years of age. Whoever

commits child solicitation by electronic communication device and also appears for, attends or is

present at a meeting that the person arranged pursuant to the solicitation is guilty of a third

degree felony if the child is at least thirteen but under sixteen years of age, or second degree

felony if the child is under thirteen years of age. Also, the substitute for House Bill 918 amends

Section 31-21-10.1 to add child solicitation by electronic device to the list of sex offenses to

which longer and more stringent parole terms apply.

FISCAL IMPLICATIONS

AOC states any fiscal impact on the judiciary would be proportional to the enforcement of this

law and commenced prosecution.

NMCD states that the enactment of the proposed legislation will result in a minimal increase to

the department’s prison population and probation/parole caseloads. The annual cost of

incarcerating an inmate is $23,867 per year for males and $21,651 per year for females. The cost

per client in probation and parole for a standard supervision program is $1,467 per year, for an

intensive supervision program is $3,383 per year, for a NMCD community corrections program

is $3,503 per year, for a privately-owned community corrections program is $7,917 per year, and

for male and female residential community corrections program is $39,401 per year.

NMCD reports the proposed legislation expands sex offenses, and a person placed on probation

or parole after being convicted of a sex offense will be subject to five to 20 years of probation or

parole. The convicted sex offender will be required to pay probation or parole supervision fees

to the Corrections Department. NMCD states this increase in revenue may somewhat offset the

costs associate with any increases in the prison population. Statute requires that supervision fees

be placed into the Intensive Supervision Fund, and money in the fund can only be used for

offenders placed in an intensive supervision program.

SIGNIFICANT ISSUES

Currently, statute states it is illegal to use a computer to solicit a child under sixteen to engage in

sexual intercourse, sexual contact or in a sexual or obscene performance, or to engage in other

sexual conduct when the perpetrator is at least three years older than the child.

CYFD states if the proposed legislation is enacted, it would expand the crime of child solicitation

to include the use of various electronic devises in addition to computers. CYFD notes expansion

of law appears reasonable in that it recognizes the proliferation of electronic devices that can be

used to communicate and to solicit children.

ADMINISTRATIVE IMPLICATIONS

PDD states the proposed legislation may increase litigation and create a need for additional staff.

House Bill 918/HJCS – Page

3

AOC reports the proposed legislation could result in increased caseloads, requiring additional

resources.

NMCD will need to revise the written notification regarding the sex offender’s duty to register as

a sex offender with the county sheriff in the county where the sex offender will reside. This

written notification is given to sex offenders who are discharged from prison or placed on

probation or parole.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

AODA notes that there may be a conflict due to the proposed legislation adding child solicitation

by electronic device to the list of sex offenses which lead to longer parole terms, but not

amending Section 31-20-5.2 NMSA to require longer probation terms for those convicted of

child solicitation by electronic device.

The proposed legislation has a relationship to House Bill 663 and Senate Bill 735, which deal

with child solicitation by electronic device with a violent felony enhanced punishment

provision..

RPG/mt