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





SPONSOR: Stell DATE TYPED: 02/27/01 HB 284/aHJC
SHORT TITLE: Livestock Crimes Jurisdiction SB
ANALYST: Gilbert


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
 Recurring

or Non-Rec

 Fund

Affected

FY01 FY02 FY01 FY02

NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates SB 64



SOURCES OF INFORMATION



LFC Files

New Mexico Livestock Board



SUMMARY



Synopsis of HJC Amendment



The House Judiciary Committee amendment to House Bill 284 clarifies the legal intent of this bill by striking the words "good reason" and replacing them with "probable cause" on page 5, line 8 as outlined below:



Livestock inspectors may arrest persons found in the act or whom they have good reason probable cause to believe to be guilty of driving, holding or slaughtering stolen livestock; of violating the inspection laws of the state; or of violating any provision of Chapter 30, Article 18 NMSA 1978 relating to livestock or other criminal law relating to livestock."



Synopsis of the Original Bill



House Bill 284 adds language to Chapter 30, Article 18 NMSA 1978 which clarifies that Livestock Board inspectors have jurisdiction over all criminal activity involving livestock.









Significant Issues



This bill would clearly grant livestock inspectors, who are certified peace officers, the power to enforce the provisions of Chapter 30, Article 18 NMSA 1978 and other criminal laws relating to livestock.



According to the New Mexico Livestock Board, livestock inspectors have been enforcing the Criminal Code pertaining to livestock for decades. In a recent court case involving cruelty to livestock, however, the court ruled that livestock inspectors' powers of enforcement were limited only to the Livestock Code. This bill will allow livestock inspectors to continue to enforce criminal laws relating to livestock, which include the laws prohibiting larceny of livestock, illegal branding, interstate transportation without an inspection, and the cruelty statutes in Chapter 30, Article 18 NMSA 1978.



FISCAL IMPLICATIONS



There is no appropriation or fiscal impact associated with this bill.



LG/ar