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| SPONSOR: | Russell | DATE TYPED: | 02/13/99 | HB | 431 | ||
| SHORT TITLE: | "Violent Felony" Definition | SB | |||||
| ANALYST: | O'Connell | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY99 | FY2000 | FY99 | FY2000 | ||
| Unknown | Recurring | General Fund | |||
(Parenthesis ( ) Indicate Expenditure Decreases)
Duplicates/Conflicts with/Companion to/Relates to
SOURCES OF INFORMATION
LFC files
Administrative Office of the Courts (AOC) analysis
Department of Corrections analysis
Public Defender Department analysis
SUMMARY
Synopsis of Bill
House Bill 431 amends Section 31-18-23 NMSA 1978 to change the definition of a "violent felony" for the purposes of the current three violent felony convictions law.
Significant Issues
Currently, "violent felony" means first or second degree murder, shooting at or from a motor vehicle resulting in great bodily harm, kidnaping resulting in great bodily harm, first or second degree criminal sexual penetration when the perpetrator is armed with a deadly weapon, and robbery resulting in great bodily harm when the perpetrator is armed with a deadly weapon. House Bill 431 would expand that definition to include any first or second degree felony involving the use or threatened use of force or violence.
FISCAL IMPLICATIONS
The Department of Corrections, the Public Defender Department, and the Administrative Office of the Courts all assert that passage of House Bill 431 would dramatically increase costs of operation due to projected increase in jury trials, appeals and incarceration.
OTHER SUBSTANTIVE ISSUES
According to Corrections Department analysis, House Bill 431 may unintentionally omit the crime of first degree murder from the definition of "violent felony".
BOC/njw