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 Moore

DATE TYPED 2/11/05

HB 402

SHORT TITLE Life Sentence for Deadly Child Abuse

SB

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Public Defender Department (PDD)

Administrative Office of the Courts (AOC)

New Mexico Corrections Department (NMCD)

Bernalillo County Metro Court (BCMC)

No Response

New Mexico Sentencing Commission (NMCS)

SUMMARY

Synopsis of Bill

House Bill 402 amends the criminal sentencing statutes by imposing a life sentence for child

abuse resulting in death when the child is less than 12 years of age. The bill makes it possible

for a court, in addition to the imposition of a basic sentence of imprisonment, to impose a fine

not to exceed $17,500 for a first degree felony resulting in the death of a human being. The bill

amends the statutory section controlling Parole Authority and Procedures by adding language

allowing the parole board’s discretion in granting parole when an inmate was sentenced to life

imprisonment as the result of conviction for a first degree felony resulting in the death of a hu-

man being.

House Bill 402-- Page 2

FISCAL IMPLICATIONS

PDD reports the bill will increase the workload and expenses as it includes not only child abuse

but also those crimes that are first-degree felonies that unintentionally result in death for a pun-

ishment of life in prison.

NMCD reports that a life sentence will contribute to a larger and older prison population. Costs

will incur with an older prison population from geriatric services that include hospital care and

disability accommodations.

ADMINISTRATIVE IMPLICATIONS

AOC reports adding another basic sentence of imprisonment for a first degree felony resulting in

the death of a human being may take up a considerable amount of judicial time due to district

courts conducting not only a trail, but a sentencing phase as well.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

Relates to Senate Bill 236 except in regards to the penalty.

TECHNICAL ISSUES

PDD reports the bill apparently creates a loophole for those child abusers who cause death of a

child 12 years old or older. The bill would exclude these abusers from the penalty for first de-

gree felony resulting in death, which is life imprisonment.

OTHER SUBSTANTIVE ISSUES

PDD states the bill makes no distinction between people who have no intent or knowledge of the

abuse, and the actual abuser. PDD reports the bill would allow people not present and who did

not know about the abuse to be sentenced to life in prison, the same penalty as the person who

had deliberately murdered the child. For example, a mom who leaves the child with her boy-

friend while she goes to work. The bill would allow people convicted of “negligently permit-

ting” another to have access to a child, and that other person unintentionally causes death, to be

sentenced to life in prison.

RLP/lg:njw