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

 

 

 

SPONSOR:

Altamirano

 

DATE TYPED:

01/31/03

 

HB

 

 

SHORT TITLE:

Bomb Scare Victim Reimbursement

 

SB

31

 

 

ANALYST:

Fox-Young

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

 

 

NFI

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates HB 100

 

SOURCES OF INFORMATION

 

Responses Received From

Administrative Office of the District Attorneys (AODA)

Administrative Office of the Courts (AOC)

Public Defender Department (PDD)

Attorney General (AG)

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 31 amends Section 30-20-16 NMSA 1978 to allow for reimbursement by an offender to a victim of the offense of making a bomb scare.  A court may order a person convicted of making a bomb scare to reimburse the victim for economic harm caused by that offense. 

 

“Economic harm” is defined as all direct, incidental and consequential financial harm suffered by a victim of the offense of making a bomb scare. 

 

Section 30-20-16 NMSA 1978 shall not be construed to limit a court’s authority to order restitution to a victim of the offense of making a bomb scare pursuant to other provisions of law.

 


     Significant Issues

 

The Attorney General (AG) notes that this bill requires criminal courts to alter their procedures to include the damage of “economic harm.”

 

The Association of District Attorneys (AODA) and Public Defender Department (PDD) each note that reimbursement of “actual damages” is currently covered by the Victim Restitution Act, Section 31-17-1.  “Actual damages” is defined as “all damages a victim could recover against the defendant in a civil action arising out of the same facts or event.”  This bill makes “economic harm” a valid basis for restitution, should it fail to fall within the broader definition of “actual damages” under 31-17-1.

 

DUPLICATION

 

Duplicates HB 100.

 

TECHNICAL ISSUES

 

The following technical changes would clarify the intent to include all costs encompassed by the phrase “economic harm,” including but not limited to the three listed in section D:

 

On page 2, line 6, after “includes” insert “but is not limited to”.

On page 2, line 16, after “scare” insert “or other similar costs”.

 

JCF/njw