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





SPONSOR: Vernon DATE TYPED: 03/09/99 HB
SHORT TITLE: Auto Theft as a Predicate Offense SB 389
ANALYST: O'Connell


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
NFI NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



Department of Public Safety analysis

Public Defender department analysis

Administrative Office of the Courts analysis



SUMMARY



Synopsis of Bill



Senate Bill 389 would make four changes to the criminal code, expanding the seriousness of and the penalties for auto-theft offenses. New subsections of Section 30-42-3(A) NMSA 1978 would expand racketeering activities to include auto theft, receiving or transferring a stolen automobile, and altering engine numbers. Senate Bill 389 adds embezzling to the crime of taking or theft of an automobile. It elevates the crime of theft of an automobile from a fourth degree crime based on the value of the property to a third degree felony in all cases. The bill eliminates the special penalty for possession of a stolen motor vehicle and makes the crime a fourth degree felony. Finally, Senate Bill 389 elevates altering a VIN number from a fourth degree felony to a third degree felony.





Significant Issues



According to the Department of Public Safety, Senate Bill 389 would reduce the penalty for receiving or transferring a stolen vehicle from five years to 18 months while increasing the penalties for taking or embezzling motor vehicles and changing VIN numbers from fourth to third degree felonies.



BOC/njw