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

SPONSOR Gutierrez

ORIGINAL DATE

LAST UPDATED

2/16/07

HB 1118

SHORT TITLE Removal of Shoplifting Suspects

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Department of Public Safety (DPS)

Administrative Office of the Courts (AOC)

No Responses Received From

New Mexico Municipal League

New Mexico Association of Counties

SUMMARY

Synopsis of Bill

House Bill 1118 amends Section 30-16-23 NMSA 1978 to require an officer or merchant to take

a person suspected of shoplifting into custody through an exit not commonly used by the general

public as an entrance. The proposed legislation also would not hold a merchant criminally or

civilly liable if the person suspected of shoplifting was removed from the premise through a non-

public exit, if such an exit exists.

FISCAL IMPLICATIONS

AOC states there will be minimal administrative cost for statewide update, distribution and

documentation of statutory changes. AOC reports any additional fiscal impact on the judiciary

would be proportional to the enforcement of this law and appeals from convictions.

House Bill 1118 – Page

2

SIGNIFICANT ISSUES

DPS states there are many factors that simultaneously occur when any arrest is being made that

requiring a person to consider which exit the potential offender should be removed through may

not always be practical or possible.

PERFORMANCE IMPLICATIONS

AOC states the proposed legislation may have an impact on performance measures pertaining to

cases disposed of as a percent of cases filed and percent change in case filings by case type.

ADMINISTRATIVE IMPLICATIONS

AOC notes new laws, amendments to existing laws and new hearings have the potential to

increase caseloads in the courts requiring additional resources.

OTHER SUBSTANTIVE ISSUES

DPS states that most business establishments have security devices in their merchandise and the

common occurrence of these devices incorrectly sounding alarms has made the public used to

being questioned or cleared.

RPG/csd