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

SPONSOR McSorley

ORIGINAL DATE

LAST UPDATED

02/06/07

HB

SHORT TITLE Court Protection Orders Database

SB 596

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 Local

governments

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Attorney General’s Office (AGO)

SUMMARY

Synopsis of Bill

Senate Bill 596 amends Section 40-13-6 of the Family Violence Protection Act (FVPA) by

enacting a requirement that law enforcement agencies enter orders of protection into the National

Crime Information Center’s (NCIC) protection order database. If the order does not meet NCIC

criteria, it shall be entered into a local database that is accessible on a 24 hour basis.

FISCAL IMPLICATIONS

There will be an additional undetermined operating budget impact for local law enforcement

agencies due to training and system requirements to fulfill the provisions within the bill.

SIGNIFICANT ISSUES

The mandatory requirement enacted by SB 596 will apply to orders of protection issued to

qualifying “household members" under the FVPA only. Non-household members securing

protection by way of civil injunction will not have their order subject to the mandatory data entry

provision in the bill. The AGO states that NCIC data entry is significant in that it promotes Full

Faith and Credit enforcement by foreign jurisdictions, should the petitioner travel or reside

outside the jurisdiction granting the order. Statewide, officers consult NCIC to confirm the

validity of orders.

Senate Bill 596 – Page

2

PERFORMANCE IMPLICATIONS

The bill does not set a time frame or other minimum criteria for law enforcement to enter the

order of protection into the database. It is unknown whether local databases are currently in

existence, operational, and have sufficient resources to be accessible at all times.

ADMINISTRATIVE IMPLICATIONS

The Second Judicial District Court, AOC, Department of Public Safety, Bernalillo County

sheriff, and city of Albuquerque are developing a pilot project to electronically transmit

protection orders. This will eliminate data entry by law enforcement agencies, and should ease

the process of entering these orders into the appropriate tracking database.

TECHNICAL ISSUES

AGO notes that an “order of protection" as defined within the FVPA “means a court order

granted for the protection of victims of domestic violence". SB 596 does not specifically

identify or exclude which orders of protection shall be entered. It is also unknown whether data

from temporary orders and/or stipulated orders is to be entered.

AHO/csd