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

SUMMARY

Synopsis of Bill

SB 137 would amend section 66-8-101 NMSA 1978 increasing the criminal penalties for committing a homicide or inflicting serious bodily harm by vehicle while under the influence of intoxicating liquor or drugs when the offender has incurred DWI convictions.

Significant Issues

Penalties for criminal violations are the province of the legislature but the enhanced seriousness of a conviction in these circumstances is consistent with legislative practice of recognizing prior convictions in DWI sentencing.

A person who commits homicide by vehicle while under the influence of intoxicating liquor or while under the influence of any drug and who has incurred a first or second DWI conviction within ten years shall have his basic sentence increased by two years for each prior DWI conviction.

A person who commits homicide by vehicle while under the influence of intoxicating liquor or while under the influence of any drug and who has incurred three or more DWI convictions within ten years is guilty of a second degree felony resulting in the death of a human being and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

The Corrections Department (CD) reports the only significant issue related to the department is the increase in costs that will result in longer prison sentences and probation terms as a result of the increased penalty.

The Administrative Office of the Courts (AOC) reports, it should be noted that as penalties increase, potential imprisonment tends to inspire defendants to retain attorneys and demand jury trials. Indigent defendants are entitled to public defender services.

According to the Department of Health (DOH), SB 137 targets increased penalties to a very specific group of persons with prior DWI convictions who, while under the influence of alcohol or drugs, kills or seriously injure as a result of a motor vehicle crash. Increasing the penalties for vehicular homicide, has significant public support and could create a stronger deterrent to DWI.

FISCAL IMPLICATIONS

CD reports there is no appropriation in the bill to cover the increase in costs to the department that will result from the increased penalty. Also, the bill might result in a minimal increase in revenue to the state due to the higher amount of fine that may be imposed against a person convicted of a second degree felony resulting in the death of a human being. Finally, if some portion of the longer possible sentence is suspended and the offender is placed on probation, there could be a minimal increase in the amount of probation supervision costs collected from the offender.

AOC reports additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions. New hearings or the additional time spent at the sentencing hearing proving prior DWI convictions have the potential to increase caseloads and/o judge-time spent on cases in the courts, thus requiring additional resources to handle the increase.

DOH reports, the Scientific Laboratory Division (SLD) projects if the bill were enacted, its staff would be required to testify more often in DWI/vehicular homicide trials and that some increase in budget might be needed to defray costs. In addition, increased penalties for DWI would likely result in increased costs to the judicial and corrections systems.

ADMINISTRATIVE IMPLICATIONS

CD reports, in the short term, there will be little administrative impact. However, in the long term, since the bill provides for the possibility of longer prison terms, thee will be an increased administrative impact and the department will probably be unable to absorb the additional administrative burden.

DOH reports, historically increases in DWI penalties have increased demands for testimony by SLD staff. These staff members currently receive over 400 subpoenas each year. Increased demands for court appearances could impact the ability of the SLD to meet its current responsibilities.

AOC reports there is additional administrative impact on the court resulting from additional judicial time needed to dispose of these types of cases in the manor provided under the

TECHNICAL ISSUES

DOH reports, a separate issue arises with regard to the use of the word "drug" in SB 137. In the proposed subsections E and F, the bill refers to a person "under the influence of any drug", as provided under existing language. It is not clear that "drug" refers to illicit drugs and it could be confused with a drug being taken for medicinal purposes. In consideration of the significantly increased penalties proposed, it might also be advisable to amend the bill to stipulate illicit drugs.

DOH recommends consideration of two amendments: 1) adding language requiring court mandated inpatient alcohol treatment in addition to increased incarceration, 2) adding "illicit" to the word "drugs" in the proposed subsections E and F.

OTHER SUBSTANTIVE ISSUES

The Department of Finance and Administration (DFA) reports, should the proposed legislation become law, the question of where offenders will be incarcerated under the New Mexico Corrections Department arises. At the most secure prison facilities, approximate cost of $30,000 plus per inmate is estimated.

DOH reports, in 1996, fifty percent of all fatal crashes involved alcohol and of those, fifty-five percent were repeat offenders (UNM, Division of Government Research). In the last five years alone, over 1,100 people have died. SB 137 would apply to a limited subset of people with DWI convictions. However, if these offenders were found guilty and sentenced under the provisions of SB 137, the increased period of incarceration would increase the time a potentially very dangerous group of drivers were removed from the roads. Then in itself would likely reduce highway death and injury.

POSSIBLE QUESTIONS

DFA questions the need to incarcerate an alcohol related habitual offender to a secure prison facility and asks if sufficient bed space currently exists at the minimum and medium correctional facilities to maximize cost efficiency for the projected increased number of offenders.

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