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





SPONSOR: Russell DATE TYPED: 02/13/99 HB 431
SHORT TITLE: "Violent Felony" Definition SB
ANALYST: O'Connell


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
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