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 Grubesic
ORIGINAL DATE
LAST UPDATED
2/7/2006
HB
SHORT TITLE Sentences for Felonies by Public Officials
SB 305
ANALYST McOlash
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
None
(Parenthesis ( ) Indicate Expenditure Decreases)
Related to: HB 263
SOURCES OF INFORMATION
LFC Files
Responses Received From
Attorney General’s Office (AGO)
Administrative Office of the Courts (AOC)
Corrections Department (CD)
NM Sentencing Commission (NMSC)
SUMMARY
Synopsis of Bill
Senate Bill 305 enhances felony crimes that are related to, arise from, or are connected with an
official’s public office. The bill defines “public official” to include persons elected or appointed
to any public office covered by the Campaign Reporting Act. The enhancement contemplated
under this bill involves an additional fine equal to the value of the official’s salary and benefits
received after the first criminal act forming the basis for the felony conviction.
FISCAL IMPLICATIONS
None
SIGNIFICANT ISSUES
Whether the offender is a public official covered by this bill, and whether the criminal conduct at
issue is related to that person’s public office, must be proven beyond a reasonable doubt as a
pg_0002
SB 305 - Page 2
separate finding of fact made by a court or jury. Any fine would be discretionary with the sen-
tencing court.
Related to: HB 263 that enhances a prison sentence for the same or related felony conviction.
BMC/mt