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

SPONSOR Powdrell-Culbert

ORIGINAL DATE

LAST UPDATED

2/8/07

HB 942

SHORT TITLE Review Law Enforcement Bias-Based Policies

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NA

$150.0 Non-recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

Responses Received From

Department of Public Safety (DPS)

New Mexico Corrections Department (NMCD)

New Mexico Sentencing Commission (NMSC)

No Responses Received From

Administrative Office of the Courts (AOC)

Governor’s Office

Department of Transportation (DOT)

NM Municipal League (NMML)

NM Association of Counties (NMAC)

SUMMARY

Synopsis of Bill

House Bill 942 appropriates $150.0 from the general fund to the New Mexico Sentencing

Commission to contract for a study of bias-based policing on a statewide basis. The study is to

include an examination of all available data regarding motor vehicle stops and arrests by law

enforcement agencies; complaints against law enforcement agencies and officers; monetary

settlements of complaints against law enforcement agencies; and other information available that

is necessary to attain a full understanding of bias-based policing incidents and practices.

House Bill 942 – Page

2

FISCAL IMPLICATIONS

The appropriation of $150.0 contained in this bill is a non-recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of fiscal year 2008 shall revert

to the general fund.

NMSC reports the commission staff feels it can conduct and complete this study with the

funding provided in the proposed legislation.

SIGNIFICANT ISSUES

DPS states the study will provide a tool to determine compliance with enforcement of federal,

state and local laws, as well as needs for training and development of necessary policies and

procedures related to anti-discrimination issues.

NMCD states in regards to the reference of “bias-based policing", the department is not a police

force. NMCD reports pursuant to Section 33-1-10 NMSA 1978, the department employees’

authority to act as peace officers is limited to inmates, probationers and parolees within the

department’s custody or supervision. NMCD notes the department is not a traditional law

enforcement agency, as it only has authority over individuals convicted of crimes.

PERFORMANCE IMPLICATIONS

The proposed legislation will assist the commission in achieving its performance measure

“number of research projects completed." The fiscal year 2006 actual for this performance

measure was 14 and the fiscal year 2007 target is 11.

OTHER SUBSTANTIVE ISSUES

DPS states the basis of the study should be to assist law enforcement in the reinforcement and

compliance of properly enforcing laws at all levels and to provide education with deficiencies in

training related to the issues surrounding the study.

RPG/nt