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)

SOURCES OF INFORMATION

LFC files

Administrative Office of the Courts analysis

Corrections Department analysis

SUMMARY

Synopsis of Bill

House Bill 574 would amend Section 31-20A-4 NMSA 1978 to provide that the Supreme Court shall issue a final adjudication within two years of the filing of the notice of appeal in capital felony cases. The bill also expands the list of aggravating circumstances considered in capital felony cases to include defendants who commit multiple murders and defendants convicted of capital felonies where the victims were less than 11 years of age.

Significant Issues

Passage of House Bill 574 could result in more capital felony convictions and could increase the workloads of the courts, district attorneys, public defenders, and the Corrections Department.

ADMINISTRATIVE IMPLICATIONS

According to Administrative Office of the Courts analysis, two years may not be sufficient time for the Supreme Court to thoroughly consider and review capital felony appeals, due to amount of court and attorney hours required in these cases.

BOC/prr