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

SPONSOR Taylor

ORIGINAL DATE

LAST UPDATED

2/15/07

HB

SHORT TITLE

Prohibit Intimidation of Judges & District

Attorneys

SB 1133

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Duplicates, HB 1192

SOURCES OF INFORMATION

LFC Files

Responses Received From

Bernalillo County Metropolitan Courthouse (BCMC)

Public Defenders (PD)

Administrative Office of District Attorneys (AODA)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

Senate Bill 1133 would enact a new section of the Criminal Code prohibiting the intimidation or

threatening of a judge, district attorney or peace officer who is or may become involved in a

judicial, administrative, legislative or other official cause or proceeding for the purpose of

preventing or influencing a ruling, prosecution, investigation or testimony.

The bill would also criminalize retaliation, i.e. causing bodily injury or damage to property or

threatening to do so, with the intent to retaliate against a judge, district attorney or peace officer

for a judicial ruling, prosecution, investigation or testimony.

Penalty for intimidation of a judge, district attorney or peace officer is a third degree felony;

retaliation is a second degree felony.

Senate Bill 1133 – Page

2

The penalty for intimidation is that of a third degree felony (three years). The penalty for

retaliation is that of a second degree felony (nine years).

SIGNIFICANT ISSUES

There are no significant issues as to the creation of the crime.

The frequency of prosecution would likely be minimal.

One issue that may or may not arise is the conflict of interest involved in the prosecution of a

defendant within the judicial district where the judge, district attorney or peace officer serves.

There is already an established procedure for dealing with conflicts of interest for all sorts of

reasons. This new law would easily fall within that procedure.

ADMINISTRATIVE IMPLICATIONS

Legislation resulting in new crimes may create the possibility that more criminal defendants will

proceed to trial instead of accepting a plea offer. This will result in an increased caseload and

additional court time for Public Defender Department attorneys.

DUPLICATION,

HB 1192

OTHER SUBSTANTIVE ISSUES

The judges of the Bernalillo County Metropolitan Court (“BCMC") fully support the passage of

this legislation.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

CS/mt