NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature. The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.
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| SPONSOR: | Pederson | DATE TYPED: | 03/10/99 | HB | 43/aHAFC/aSJC | ||
| SHORT TITLE: | Legal Counsel for Needy | SB | |||||
| ANALYST: | O'Connell | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| NFI | NFI | ||||
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC files
SUMMARY
Synopsis of Senate Judiciary Amendment
The Senate Judiciary Committee Amendment strikes the word "effective" as a modifier for assistance of counsel.
Synopsis of HAFC Amendment
The House Appropriation and Finance Committee (HAFC) amendment to House Bill 43 would not require the state of New Mexico to use general fund dollars for the legal services provided needy persons in a criminal proceedings.
Synopsis of Bill
House Bill 43 amends Section 31-16-3 NMSA 1978 to clarify that needy persons are entitled to receive effective assistance of counsel to the same extent as persons having their own counsel, and that these services shall be adequately compensated from the general fund.
Significant Issues
House Bill 43 includes post-conviction habeas corpus petitions filed in the state courts as proceedings eligible for the "needy person" entitlement, unless the court determines that it is not a proceeding that a reasonable person with adequate means would be willing to bring at his own expense.
FISCAL IMPLICATIONS
There is potential for a jump in habeas corpus petitions filed by inmates in New Mexico prisons that would have to be processed by the Public Defender Department.
ADMINISTRATIVE IMPLICATIONS
House Bill 43 has the potential to increase workloads for the Public Defender Department.
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