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.

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(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates/Conflicts with/Companion to/Relates to

SOURCES OF INFORMATION

LFC files

AGENCIES have not submitted FIR information

SUMMARY

     Synopsis of SJC Amendment

SB 63, as amended by the Senate Judiciary Committee, would:

• Delete disability as one of the categories from the new section of the Criminal Sentencing Act for which a non-capital felony, misdemeanor or petty misdemeanor against a person or his property is committed.

• Places a limitation on the imprisonment prescribed for the offenses not to exceed one hundred eighty days.



• Removes the language of "serious youthful offender" and leaves "youthful offender" from the sentence imposed to be increased by three years for any offender who commits a second or subsequent non-capital felony in which the person was intentionally injured or his property was intentionally damaged.

Synopsis of Bill

The bill enacts a new section in the criminal sentencing act to read: "non-capital felonies, misdemeanors or petty misdemeanors against a person or his property because of the actual or perceived race, religion, color, national origin, ancestry, gender, sexual orientation or disability of the person--alteration of basic sentence--suspension and deferral limited."

Significant Issues of SJC Amendment

According to the New Mexico Department of Education, SB 63A will result in sentence enhancements for non-capital felonies against handicapped persons (and persons 60 years of age or older) imposed pursuant to the provisions of the current Section 31-18-16.1 NMSA 1978. Sentence enhancements will not be available for misdemeanors against persons with disabilities.

The Governors Committee for the Concerns of the Handicapped (GCCH) reports this amendment takes out "people with disabilities" from the group of individuals who could be included in the legislation. According to GCCH, a favorable review was given to SB 63 and indicates that it does happen that people with disabilities, like others with differences, are "singled out" due to differences, and treated in an abusive manner, and this type of behavior needs to be changed. The proposed legislation addresses this type of treatment, and for this reason, it was given a positive review.

GCCH indicates if the community (of people with disabilities) is against inclusion in this legislation, they are not aware of this decision, and would need to understand the rational for the change.

Significant Issues

The bill increases the sentencing of individuals from 30 days to one year when they are found to have intentionally injured an individual or his/her property because of actual perceived race, religion, color, national origin, ancestry, gender, sexual orientation or disability of that person, whether the offender's belief or perception was correct.

FISCAL IMPLICATIONS

This may have fiscal impacts to the: courts; DA's Public Defender's: local entities such as sheriff and local police departments; Corrections Department: Crime Victims Reparation Commission; Adult and Juvenile Parole Boards; and the Department of Public Safety.

ADMINISTRATIVE IMPLICATIONS

This may have administrative implications to the: courts; DA's Public Defender's: local entities such as sheriff and local police departments; Corrections Department: Crime Victims Reparation Commission; Adult and Juvenile Parole Boards; and the Department of Public Safety.

TECHNICAL ISSUES

SB 63/aSJC

According to the New Mexico State Department of Education the amendment on page 2, line 20 provides that sentences imposed for second or subsequent petty misdemeanors may be increased for 60 days not to exceed 108 days. It appears that the 108 days should read 180 days.

The Correction Department reports, first, on page 1, lines 23, and 24, the heading of the proposed statute states that as to the longer prison terms, their suspension and deferral will be limited. However, in the body of the bill, it provides that these longer sentences may be suspended or deferred. For example, see page 2, lines 21, and 22.

OTHER SUBSTANTIVE ISSUES

SB 63/aSJC

The Corrections Department reports in sections E and F, the bill states that the increased sentences shall be the first period of time served. See page 4, lines 4 through 6 and lines 18 through 20. This provision of the bill may conflict with existing law as to sentencing enhancements (e.g., habitual offender enhancements); which by law must be the first period of time served and may not be suspended or deferred.

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