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

SPONSOR Adair

ORIGINAL DATE

LAST UPDATED

1/16/08

2/11/08 HB

SHORT TITLE Increase Domestic Penalties

SB 68/aHJC/aSJC

ANALYST Ortiz

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

Attorney General’s Office (AGO)

Public Defender Department (PDD)

NM Health Policy Commission (NMHPC)

Responses Received From

Administrative Office of the Courts (AOC)

NM Sentencing Commission (NMSC)

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment clarifies how to determine the number of offenses

committed, explaining that multiple offenses will be counted after a conviction for the preceding

offense.

Synopsis of SJC Amendment

The Senate Judiciary Committee amendment inserts a new section to add definitions as used in

the Crimes Against Household Members Act. It defines “household member" and “continuing

personal relationship". The amendment goes on to replaces “dating or intimate" with

“continuing personal relationship" throughout the bill.

Finally, it makes the Act applicable to convictions obtained on or after July 1, 2008.

Senate Bill 68/aHJC/aSJC – Page

2

Synopsis of Original Bill

Senate Bill 68, increasing penalties for three or more batteries or aggravated batteries against

certain household members, makes it a fourth degree felony against whoever commits four or

more offenses of battery against a household member or when the household member is a

spouse, former spouse, co-parent, or has been intimately involved.

SB 68 amends language to include a program of “intervention" as a mandatory sentencing option

for the court to impose upon conviction of misdemeanor aggravated battery against a household

member.

SB 68 amends “may" language to “shall" to express requirement that a sentence imposed

pursuant to Section 30-3-15 and 30-3-16 not exceed period of incarceration authorized.

FISCAL IMPLICATIONS

Corrections Department acknowledges that new felony convictions are likely to increase its costs

moderately with additions to the inmate population and probation/parole caseloads. The bill is

unlikely to cause a moderate or substantial number of convictions, but it is always difficult to

predict the effect of any new crime bill with any certainty.

PERFORMANCE IMPLICATIONS

The Public Defender Department notes that due to the collateral consequences inherent in felony

convictions, including habitual offender enhancement and mandatory parole, there is a potential

of increased workload for the Public Defender Department when a penalties are increased from

the misdemeanor to the felony level.

TECHNICAL ISSUES

The Attorney General’s Office notes that the term “dating", proposed in SB 68, is new household

member language. The bill does not include a definition for “dating" and should consider

including a definition for “dating".

OTHER SUBSTANTIVE ISSUES

At present, the penalty for battery against a household member is punishable as a misdemeanor;

aggravated battery when done in a manner not likely to cause death or great bodily harm, but that

does cause painful temporary disfigurement, is also punishable as a misdemeanor; aggravated

battery, where great bodily harm is inflicted or when done with a deadly weapon or in a manner

whereby great bodily harm is inflicted is punishable as a third degree felony.

According to the New Mexico Coalition Against Domestic Violence, there were 28,256 domestic

violence incidents reported to law enforcement in New Mexico in 2005, a 4.8% increase over

2004. Of the 28,256 cases reported, 18,778 (66%) victims of domestic violence were identified

and of those, 13,422 (73.5%) were female.

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