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

 

 

SPONSOR:

Marquardt

 

DATE TYPED:

2/27/03

 

HB

796

 

SHORT TITLE:

Revise Arson Statutes

 

SB

 

 

 

ANALYST:

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

See Narrative

 

 

 

 

 

 

 

 

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Offices of the Courts

Office of the Attorney General

Department of Corrections

Motor Transportation Division

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 796 rearranges the definition of arson without any substantive change.  It also  modifies the penalties for arson. 

 

Currently, arson is:

 

·        a misdemeanor if the property destroyed or damaged is worth $100 or less;

 

·        a fourth-degree felony if the value is over $100 but not more than $1000;

 

·        a third-degree felony if the value is over $1,000. 

 

With HB 796 these amounts change as follows:

 

·        a petty misdemeanor if the property destroyed or damaged is worth $100 or less;

 

·        a misdemeanor if the value is over $100 but not more than $250;

 

·        a fourth-degree felony if the value is over $250 but not more than $2,500;

 

·        a third-degree felony if the value is over $2,500 but not more than $20,000;

 

·        a second-degree felony if the value is over $20,000. 

 

HB 796 also modifies the penalties for negligent arson.  Currently, negligent arson is a fourth-degree felony.  With HB 796 it would become: 

 

·        a third-degree felony if it causes death or great bodily harm;

 

·        a fourth degree-felony if property with a value of $2,500 or more is destroyed or damaged;

 

·        a misdemeanor if property with a value of  less than $2,500 is destroyed or damaged.

 

HB 796 would also modify the crime of aggravated arson.  Currently, one commits the second-degree felony of aggravated arson by willfully or maliciously, through the use of explosive or fire, damaging certain property such as vehicles and utility lines or causing a person great bodily injury.  With HB 796, aggravated arson would be limited to those situations in which one “maliciously and willfully” sets a fire or causes and explosion which results in “great bodily injury” (for which the crime is a second-degree felony) or “temporary, painful disfigurement to another person or results in an impairment to the functions of a member or an organ of another persons’ body” (for which the crime is a third-degree felony).

 

Significant Issues

 

HB 796 proposes inclusion of the words “or intended to be destroyed or damaged” in the definitions of petty misdemeanor, misdemeanor, fourth-degree felony and second-degree felony arson.  However, no such language is included in the definition of third-degree felony arson.

 

Negligent arson is currently a fourth-degree felony in the event it causes bodily injury of another.  HB 796 would make negligent arson a third- degree felony if it causes great bodily harm to another person.  With HB 796 ,there would be no crime of negligent arson if it caused injury which is deemed to be anything less than great bodily harm. “Great bodily harm” is defined by the New Mexico criminal code as “an injury to the person which creates a high probability of death; or which causes serious disfigurement; or which results in permanent or protracted loss or impairment of the function of any member or organ of the body.”  NMSA §30-1-12(A).

 

The HB 796 proposal regarding aggravated arson uses, in the definition of third degree felony aggravated arson,  language which is similar, although not identical, to language used in the §30-1-12(A) definition of “great bodily harm.”   Pursuant to §30-1-12(A) the “loss or impairment of the function of any member or organ of the body” constitutes “great bodily harm.”  However, pursuant to HB 796, aggravated arson which causes “an impairment to the functions of a member or an organ of another person’s body” is a third degree felony and thus must not involve “great bodily harm,” since the presence of “great bodily harm” would make the aggravated arson a second degree felony.  There appears to be a substantial conflict between proposed HB 796 and existing NMSA §30-1-12(A).

 

FISCAL IMPLICATIONS

 

There is no direct fiscal impact on the state as a result of HB 796.  However, there will likely be secondary impact through fewer plea bargains and more trials and appeals.  This impact will fall on the courts, district attorneys’ offices, public defenders and corrections department.

 

SJM/njw