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.

The LFC is only preparing FIRs on bills referred to the Senate Finance Committee, the Senate Ways and Means Committee, the House Appropriations and Finance Committee and the House Taxation and Revenue Committee. The chief clerks are responsible for preparing and issuing all other bill analyses.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

Administrative Office of the Courts analysis

SUMMARY

Synopsis of Bill

House Bill 430 amends Section 32A-1-8 to provide exclusions from jurisdiction in tribal court adjudication of certain juvenile offenses. Also, the bill creates a new section of the Delinquency Act (Section 32A-2-2 et seq. NMSA 1978) to give concurrent jurisdiction over certain misdemeanor offenses committed by a child who has no more than one prior adjudication for assault; battery; criminal trespass; graffiti; shoplifting; possession of one ounce or less of marijuana; and possession of alcohol by a minor to municipal, magistrate and metropolitan courts. House Bill 430 would provide that these courts would not incarcerate a child adjudicated for any of these offenses without securing approval from the children's court (district court).

Significant Issues

According to the Administrative Office of the Courts (AOC), providing concurrent jurisdiction for municipal, magistrate and metropolitan courts would likely increase those courts' caseloads. Also, judges in those courts are not trained to handle juvenile matters.

BOC/njw