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F I S C A L I M P A C T R E P O R T
SPONSOR Rodella
ORIGINAL DATE
LAST UPDATED
01/21/08
HJM 9
SHORT TITLE Study Technology Used In Stalking Crimes
SB
ANALYST Escudero
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY08
FY09
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Public Defender Department (PDD)
Department of Public Safety (DPS)
Administrative Office of the DA (AODA)
SUMMARY
Synopsis of Bill
This Joint Memorial requesting that a task force be convened to study the use of technology in
the commission of stalking crimes and to make recommendations.
•
The state of New Mexico has a compelling duty and interest to protect its citizens from
stalking crimes.
•
Advances in technology now make it possible for a stalker to use computers, the internet,
global positioning devices and other electronic means to stalk, frighten, intimidate or
threaten a victim.
•
Advances in technology also make it possible to commit identity theft, interfere with a
victim's credit and impersonate a victim in connection with stalking.
•
New Mexico's criminal laws are outdated, in that the law does not address cyber stalking
or the use of technology in stalking.
•
The State of New Mexico and the Secretary of Public Safety be requested to convene a
task force to study the use of technology by stalkers, with the purpose of developing
legislation to adequately protect New Mexicans from the crime of stalking.
pg_0002
House Joint Memorial 9 – Page
2
•
The task force consist of the Secretary of Public Safety, or the Secretary's designee; the
Attorney General, or the Attorney General's designee; a Representative of Municipal Law
Enforcement, appointed by the New Mexico Municipal League; a Representative of
County Law Enforcement, appointed by the New Mexico Association of Counties; a
Representative of the District Attorney's Office; a Representative of the Public Defender
Department; and additional members as deemed necessary by the task force.
•
The task force reports its findings and recommendations, including any recommendations
for proposed legislation, to The Governor, The Information Technology and
Telecommunications Oversight Committee and any other appropriate interim legislative
committee no later than November 1, 2008.
•
Copies of this memorial will be transmitted to the Secretary of Public Safety, the
Attorney General, the New Mexico Municipal League, the New Mexico Association of
Counties, the Administrative office of the District Attorneys and the Public Defender
Department.
FISCAL IMPLICATIONS
•
According to PDD the fiscal implication is indeterminate at this time.
•
The AODA states that Passing House Joint Memorial 9 would not have any significant
fiscal impact. The memorial calls for convening a task force of representatives from
various public agencies to study the use of technology by stalkers and to draft proposed
legislation. No additional personnel would be required to convene the task force or
prepare the study.
SIGNIFICANT ISSUES
•
According to the DPS, technology has evolved at an extremely fast pace. Most
legislation created regarding stalking was created before much of this has developed. A
task force report could possibly recommend several criminal code updates to address out
dated crimes.
•
The AODA states that computer crimes in general are increasing. Advances in
technology and increased access to the internet have created more opportunities for crime
to be committed using computers, such as cyber stalking, identity theft, and computer-
distributed child pornography. Both children and adults in New Mexico have been
victimized by such crimes. It is important that New Mexico laws be kept up to date as
technology progresses and criminals discover new ways to prey upon the state's citizens.
PERFORMANCE IMPLICATIONS
In addition, DPS states that the Criminal enforcement of stalking crimes is a major responsibility
and priority of all law enforcement, not just DPS. Updating the criminal code would be
beneficial to all. Participating in task force would have minimal impact to DPS.
RELATIONSHIP
According to PDD this is related to New Mexico’s existing stalking laws. See NMSA 1978 §
30-3A-1 through § 30-3A-4.
pg_0003
House Joint Memorial 9 – Page
3
ALTERNATIVES
The AODA states that individual agencies, or one agency such as the attorney general's office,
could draft proposed legislation. A joint task force appears preferable, in order to obtain the
benefit of the insight of the various agencies who will be responsible for enforcing the
legislation, if enacted.
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
•
Per PDD the New Mexico current stalking laws will remain in effect.
•
Per DPS it would be unknown if there are needs to update the criminal code to keep up
with technology.
•
Per AODA, ultimately, it will be necessary to update New Mexico's laws relating to
computer crime. Creating a task force may help avoid the piecemeal approach which in
the past has occasionally resulted in the need to immediately revise new legislation.
Creating a task force now to draft proposed legislation for 2009 should permit more
careful drafting of the new statutes.
PME/bb