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

Administrative Office of the Courts

Department of Public Safety

SUMMARY

Synopsis of Bill

Senate Bill 574 amends Section 35-6-5 NMSA 1978 to provide for fifty percent (50%) of the money collected from bench warrant fees to be used for the collection of fines, fees and costs owed to the magistrate courts. The remaining fifty percent (50%) is to be used to partially refund law enforcement agencies for serving bench warrants. The funds will be from the Magistrate Court Warrant Enforcement Fund.

Significant Issues

The Magistrate Court Warrant Enforcement Fund was created to assess a $0.1 bench warrant fee and to use monies derived from that fee to assist magistrate courts in the collection of fines, fees, and costs.

According to the Administrative Office of the Courts, as of November 1998, there were a total of 45,964 outstanding warrants for all magistrate courts. During calendar year 1998, the Warrant Enforcement Program referred over 6,000 defendants statewide to the Tax Refund Intercept Program. In addition, several courts ran warrant "blitzes" in cooperation with local and state police.

FISCAL IMPLICATIONS

There is no direct appropriation contained within this bill, however it amends the appropriations of the Magistrate Court Warrant Enforcement Fund. The AOC indicates the cost to serve all outstanding warrants would be $2,298.2 over an unspecified amount of time under this bill. Also, the AOC projects the Warrant Enforcement Fund to collect approximately $800.0 for FY99.

ADMINISTRATIVE IMPLICATIONS

The AOC indicates that this bill would reduce the number of warrant enforcement clerks in the magistrate courts.

MW/njw