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| SPONSOR: | Pederson | DATE TYPED: | 02/09/99 | HB | 283 | ||
| SHORT TITLE: | Habitual DWI Felony Offenders | 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
Administrative Office of the Courts (AOC)
State Highway and Transportation Department (SHTD)
Corrections Department (CD)
SUMMARY
Synopsis of Bill
House Bill 283 excludes prior DWI felony convictions from the meaning of "prior felony conviction" under the Habitual Offender statute. The bill also amends Section 66-8-102 NMSA 1978 to provide for progressive penalties for fifth, sixth and seventh or subsequent convictions for DWI.
Significant Issues
Under House Bill 283, a fourth DWI conviction would result in a term of imprisonment between six and 18 months. Fifth and sixth DWI convictions would be fourth degree felonies and would result in prison terms of between 24 and 30 months. Suspension, deferments and advisements would not abrogate sentences to less than one year and 18 months respectively for fifth and sixth convictions. Seventh and subsequent convictions are third degree felonies carrying sentences of three years, two years of which shall not be suspended, deferred or taken under advisement.
ADMINISTRATIVE IMPLICATIONS
Additional criminal penalties would all be subject to increased jail time with less opportunity for time suspended or deferred. Potential imprisonment tends to convince defendants to retain attorneys and demand jury trials. Enactment of House Bill 283 could have an impact on the workload of the courts, district attorneys, public defenders and department of corrections.
BOC/gm