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.

Only the most recent FIR version, excluding attachments, is available on the Intranet. Previously issued FIRs and attachments may be obtained from the LFC office in Suite 101 of the State Capitol Building North.

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Administrative Office of the District Attorneys (AODA)

Administrative Office of the Courts (AOC)

Department of Public Safety (DPS)

Public Defender Department (PDD)

Attorney General's Office (AGO)

SUMMARY

Synopsis of Bill

HB747 amends the criminal code Section 30-22-25 NMSA 1978 to increase the penalties for the existing crime of aggravated battery upon a peace officer depending on the level or severity of bodily harm:

• The penalty for aggravated battery that causes painful temporary disfigurement or temporary loss or impairment of functions would be increased from a fourth degree felony to a third degree felony, punishable by up to 3 years imprisonment.

• The penalty for aggravated battery that causes great bodily harm or death committed with a deadly weapon would increase from a third degree penalty to a second degree felony, punishable by up to 9 years.

Effective date of the provisions of this bill is July 1, 2001.

FISCAL IMPLICATIONS

According to all agencies responding to this analysis, an increase in penalties will result in a fiscal impact on the entire criminal justice system.

It will cost the judicial information system $400 for statewide update, distribution and documentation of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the enforcement of this law and commenced prosecutions. New laws, amendments to existing laws, and new hearings have the potential to increase caseloads in the courts, thus requiring additional

resources to handle the increase.

Whenever penalties are stiffened, trials become concurrently more complex and difficult. The stakes are higher and defendants are less likely to plead. Even though the penalties are only 'stepped up' one notch, the change will affect both the public defender and district attorney's office in terms of manpower hours and costs if, because of the harsher penalties, only a handful of clients opt for a jury trial instead of a plea.

And lastly, increased penalties would presumably raise costs for the Corrections Department due to longer sentences.

POSSIBLE QUESTIONS

1. By increasing the penalties, will it help to deter battery on a police officer?

CMH/ar