Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance

committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports

if they are used for other purposes.

Current FIRs (in HTML & Adobe PDF formats) are a vailable on the NM Legislative Website (legis.state.nm.us).

Adobe PDF versions include all attachments, whereas HTML versions may not. Previously issued FIRs and

attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR Foley

DATE TYPED 2/01/05

HB 217

SHORT TITLE Magistrate Jurisdiction Over Traffic Codes

SB

ANALYST McSherry

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

Minimal Recurring General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Children Youth and Families Department (CYFD)

Administrative Office of the Courts (AOC)

Corrections Department (CD)

SUMMARY

Synopsis of Bill

House Bill 217 amends the delinquency section of the New Mexico Children’s Code, NMSA

32A-2-1 by adding language which would make misdemeanor violations of municipal traffic

codes and the Motor Vehicle Code committed by minors, with no more than one prior violation,

come under the jurisdiction of a magistrate court.

Significant Issues

According to the Administrative Office of the Courts (AOC), the Children’s Code as it is enacted

now, specifies certain juvenile traffic offenses will remain in the jurisdiction of the district court,

while Section 32A-2-6 provides that for all other juvenile traffic offenses, original jurisdiction is

in the courts of limited jurisdiction. Under this bill, any felony would remain in the original ju-

risdiction of the district court, but misdemeanors, including DWI misdemeanors, would be heard

in the courts of limited jurisdiction. The bill maintains the current procedure that juveniles may

only be incarcerated with permission of the district court. The AOC states that presumably this

procedure would be routinely invoked if a juvenile was found to have committed the delinquent

offense of DWI, because there are mandatory minimum sentences associated with DWI. The bill

provides that the lower court shall send a record of all juvenile dispositions to the district court.

House Bill 217 -- Page 2

Magistrate Court judges, according to the Children Youth and Families Department, under the

changes proposed by this bill, would not be able to incarcerate a youth for a misdemeanor viola-

tion of municipal traffic laws or the Motor Vehicle Code without first obtaining approval from

the District Children’s Court. If the Children’s Court acquires jurisdiction over a youth who has

committed a delinquent act other than a violation of municipal traffic laws or the Motor Vehicle

Code, the Children’s Court, not the Magistrate Court, is granted jurisdiction over all offenses

arising from the same event.

The Children Youth and Families Department (CYFD) states that the delinquency provision of

the Children’s Code already provides a unified and comprehensive set of laws and regulations

governing delinquent acts, including misdemeanor violations of municipal traffic laws and the

Motor Vehicle Code. According to CYFD, the Children’s Court Division of District Court has

CYFD believes that bifurcating legal responsibility between Magistrate Court and the Children’s

Court Division of District Court will likely result in confusion, and may be administratively

cumbersome.

PERFORMANCE IMPLICATIONS

AOC cites that because this bill would shift cases from the district courts to the lower courts and

add some additional procedures, court dockets may become further clogged.

FISCAL IMPLICATIONS

Minimal changes in costs were reported by agencies.

TECHNICAL ISSUES

The Corrections Department (CD) states that should House Bill 217 be enacted, District Court

would be required to maintain a registry of any disposition reports received from a magistrate

court. According to CD, if the children’s court acquires jurisdiction over a child pursuant to the

alleged commission of a delinquent act other than a misdemeanor violation of a municipal traffic

code or the Motor Vehicle Code, it shall have jurisdiction over all offenses alleged to have been

committed by the child arising out of the same occurrence. The Department asks: how will be

traffic offense, if found guilty, be entered into the Motor Vehicle Records if the Children’s Court

is hearing the case.

CYFD points to Section 1, C, where the department cites that the meaning and scope of “other

than” is ambiguous. The Department recommends that line 13 be amended to read: “…arising

out of the same occurrence, including violations of municipal traffic code or Motor Vehicle

Code.”

OTHER SUBSTANTIVE ISSUES

The delinquency act already provides a unified and comprehensive set of laws and regulations

governing delinquent acts, including misdemeanor violations of traffic land motor vehicles laws.

ALTERNATIVES

CYFD suggests that if the intent of House Bill 217 is to afford Magistrate Court judge’s with the

House Bill 217 -- Page 3

ability to ensure minors charged with violations of municipal traffic laws and the Motor Vehicle

Code appear in court in response to citations, and to ensure the ability to enforce sanctions, then

a bill granting Magistrate Court judges the ability to issue warrants for some form of detention of

minors who are not complying with police summonses or Magistrate Court orders may be appro-

priate as an alternative to amending the delinquency code as proposed.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL.

The Children’s Code as it currently exists will remain.

EM/yr