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.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Room 416 of the State Capitol Building.

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to Senate Bill 391 & 396

SOURCES OF INFORMATION

Administrative Office of the Courts (AOC)

Public Defender Department

SUMMARY

Synopsis of HJC Amendment

The amendment to House Bill 479 deletes the third new aggravating circumstance to the current death penalty statute. It strikes the circumstance that states "the defendant, with deliberate intent to kill, committed multiple murders within a twenty-four hour period."

Synopsis of Bill

House Bill 479 creates a new procedure for capital murder sentencing, allowing the jury a third option of choosing to sentence a defendant to life without the possibility of parole. The bill also adds three new aggravating circumstances to the current death penalty statute.

Significant Issues

Currently, there are two levels of punishment for convictions of a capital which are life imprisonment and death. This bill adds a third option. The New Mexico Supreme Court will have the responsibility of reviewing judgements of convictions and sentences of life imprisonment without the possibility of parole.

The Public Defender Department estimates that as many as five (5) additional cases per year could be prosecuted under the new circumstances contained within this bill. This bill also adds three new aggravating circumstances, which if found in connection with a murder would allow a jury to impose the death penalty.

FISCAL IMPLICATIONS

There is no appropriation contained within this bill. The Public Defender indicates a cost of $75.0 per case. Thus, an additional $375.0 cost may be incurred annually. The Administrative Office of the Courts indicate that there is an unknown fiscal effect on the judicial system. These costs, according to the AOC, are still less than if the death penalty was imposed.

ADMINISTRATIVE IMPLICATIONS

AOC indicates there is an administrative impact on the courts resulting from added judicial time needed to dispose of these types of cases in the manner provided under law. This impact would have to be absorbed within their existing capacity.

CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP

Relates to Senate Bill 391, "Life Sentence for Repeat Offenders" and Senate Bill 396, "Supreme Court Final Adjudication."

MW/njw