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

SPONSOR Cravens

DATE TYPED 3/2/05

HB

SHORT TITLE Standard DWI Arrest Reports

SB 738/aSPAC

ANALYST Peery

APPROPRIATION

Appropriation Contained Estimated Additional Impact Recurring

or Non-Rec

Fund

Affected

FY05

FY06

FY05

FY06

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Response Received From

Administrative Office of the Courts (AOC)

No Responses

Taxation and Revenue Department (TRD)

Department of Public Safety (DPS)

SUMMARY

Synopsis of SPAC Amendment

The Senate Public Affairs Committee striked and added wording throughout the proposed legis-

lation. The amendment clarifies the establishment of standard arrest reports and procedures for

Driving While Intoxicated (DWI) by liquor or drugs. The amendment adds the Traffic Safety

Bureau of the Department of Transportation along with the Motor Vehicle Division of the Tax

and Revenue Department (TRD) to collaborate with The Department of Public Safety (DPS) to

develop standard arrest reports and procedures. The amendment clarifies that the arrest reports

and procedures are to be used by law enforcement officers when making arrest for violations of

the provisions of Section 66-8-102 NMSA 1978 or similar municipal or county ordinances.

Also, the amendment clarifies law enforcement officers making an arrest for DWI will use the

standard arrest reports and procedures developed and approved by DPS in accordance with the

provisions of Subsection A.

Senate Bill 738/aSPAC -- Page 2

Synopsis of Original Bill

Senate Bill 738 requires the DPS, in collaboration with the Motor Vehicle Division of TRD, to

develop a standard arrest report to be used by law enforcement when making a DWI arrest.

PERFORMANCE IMPLICATIONS

AOC states a standard arrest form will streamline court operations in some regards. AOC reports

the proposed legislation my have an impact on the measures of the district courts in the following

areas: cases disposed as a percent of cases filed, percent change in case filings by case type and

clearance rate.

FISCAL IMPLICATIONS

There will be a fiscal impact in developing and distributing a new standard arrest report for DWI.

ADMINISTRATIVE IMPLICATIONS

DPS and the Motor Vehicle Division will have the administrative implication in developing and

distributing a new standard arrest report for DWI.

RLP/yr