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

SPONSOR Maestas

ORIGINAL DATE

LAST UPDATED

02/08/07

03/06/07 HB 583/a HJC

SHORT TITLE

Victims of Crime Act Effective Dates

SB

ANALYST Hanika Ortiz

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total

$.1

see narrative

Recurring General

fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorney (AODA)

Attorney General’s Office (AGO)

SUMMARY

Synopsis of HJC Amendment

The first part of the House Judiciary Committee amendment expands the definition of “formally

charged" to allow for the possibility that a criminal information may be filed and not dependent

upon whether the reviewing court found probable cause to have the charges bound over for trial;

therefore, making the provisions of the Act applicable sooner.

The second part of the House Judiciary Committee amendment (presumably directed at the first

“a" as opposed to the second “a" on line 24) further expands the definition of “formally charged"

to include only misdemeanors where the district attorney has filed an “entry of appearance". This

will make the applicability of the Act for certain misdemeanors dependent upon whether the

AODA exercised its discretion to enter a case charged by criminal complaint

SIGNIFICANT ISSUES

The AGO notes the first amendment has no significant impact on the proposed legislation. The

AODA further notes the change within the first amendment will eliminate a gap in the

notification procedures on certain misdemeanors enumerated in the Act.

The AGO and the AODA report the second proposed amendment will significantly reduce the

House Bill 58/a HJC – Page

2

number of cases covered by the Act by excluding all misdemeanors where the AODA has not

filed an “entry of appearance"; therefore, excluding victims of those misdemeanor offenses from

the provisions under the Act.

ADMINISTRATIVE IMPLICATIONS

The AODA will need to provide for procedural changes to ensure only victims of specific

misdemeanor crimes for which the AODA files an entry of appearance receive the information to

which they are entitled to under the Act.

Synopsis of Original Bill

House Bill 583 amends Section 31-26-3 NMSA 1978, the Victims of Crime Act, by expanding

the definition of “formally charged" to include the filing of a criminal complaint for a

misdemeanor by the District Attorney for a number of offenses subject to the Act. The

amendment is intended to clarify that victims of the misdemeanor crimes are entitled to the same

treatment as are victims of felony crimes enumerated in the Victims of Crimes Act.

FISCAL IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution and documentation

of statutory changes. Any additional fiscal impact on the judiciary would be proportional to the

enforcement of this law and commenced prosecutions. New laws, amendments to existing laws

and new hearings have the potential to increase caseloads in the courts, thus requiring additional

resources to handle the increase.

SIGNIFICANT ISSUES

The AODA states that Article II, Section 24 of the New Mexico Constitution does not include

Stalking, Battery against a Household Member or Aggravated Battery against a Household

Member crimes in the list of crimes it specifies. Also, NMRA Rule 11-615 permits the Court to

exclude witnesses so they cannot hear testimony of other witnesses and ordinarily victims are

necessary witnesses at trial. That rule conflicts with the constitutional and statutory provisions

which state that victims have the right to attend all public court proceedings the accused has the

right to attend. Since three of the enumerated crimes in the statute are not included in the

constitutional provision on victim’s rights the conflict might be more difficult for a court to

resolve in proceedings involving those misdemeanors. Even on the two misdemeanors in the Act

that are included in the Constitution there is a potential conflict with the Supreme Court rule.

PERFORMANCE IMPLICATIONS

The courts are participating in performance based budgeting. This bill may impact the courts’

performance based budgeting measures, which may result in a need for additional resources.

The change will also require Victims’ Advocates within AODA offices to carefully monitor the

filing of criminal complaints alleging any of the above misdemeanors.

ADMINISTRATIVE IMPLICATIONS

There may be an increase in the amount of work that needs to be done by the courts, thus

House Bill 58/a HJC – Page

3

requiring additional resources to handle increase. Specifically in establishing and implementing

procedures to insure that victims of the specific misdemeanor crimes are receiving the

information to which they are entitled under the Act.

OTHER SUBSTANTIVE ISSUES

Article II, Section 24 of the New Mexico Constitution provides for the following; “A victim of

arson resulting in bodily injury, aggravated arson, aggravated assault, aggravated battery,

dangerous use of explosives, negligent use of a deadly weapon, murder, voluntary manslaughter,

involuntary manslaughter, kidnapping, criminal sexual penetration, criminal sexual contact of a

minor, homicide by vehicle, great bodily injury by vehicle or abandonment or abuse of a child or

that victim's representative shall have the following rights as provided by law:

•

the right to be treated with fairness and respect for the victim's dignity and privacy

throughout the criminal justice process;

•

the right to timely disposition of the case;

•

the right to be reasonably protected from the accused throughout the criminal justice

process;

•

the right to notification of court proceedings;

•

the right to attend all public court proceedings the accused has the right to attend;

•

the right to confer with the prosecution;

•

the right to make a statement to the court at sentencing and at any post-sentencing

hearings for the accused;

•

the right to restitution from the person convicted of the criminal conduct that caused the

victim's loss or injury;

•

the right to information about the conviction, sentencing, imprisonment, escape or

release of the accused;

•

the right to have the prosecuting attorney notify the victim's employer, if requested by the

victim, of the necessity of the victim's cooperation and testimony in a court proceeding

that may necessitate the absence of the victim from work for good cause; and

•

the right to promptly receive any property belonging to the victim that is being held for

evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless

there are compelling evidentiary reasons for retention of the victim's property."

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Victims of enumerated misdemeanors will not have the added procedural protections afforded

under the Victims of Crime Act.

AHO/mt