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F I S C A L I M P A C T R E P O R T
SPONSOR Ortiz y Pino
ORIGINAL DATE
LAST UPDATED
1/22/08
1/29/08 HB
SHORT TITLE Prohibit Terrorism
SB 193/aSPAC
ANALYST Peery-Galon
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY08
FY09
FY10 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$0.1
$0.1
$0.1 Recurring General
Fund
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
New Mexico Sentencing Commission (NMSC)
Homeland Security and Emergency Management Department (HSEMD)
Administrative Office of the Courts (AOC)
New Mexico Corrections Department (NMCD)
New Mexico Municipal League
No Responses Received From
Department of Military Affairs
Association of Counties
SUMMARY
Synopsis of SPAC Amendment
The Senate Public Affairs Committee amendment inserts on page 2, line 3, after “an" the word
“intentional", and on page 2, line 3, strikes “a" and inserts the wording “an intentional".
Synopsis of Original Bill
Senate Bill 193 adds definitions to the Antiterrorism Act for “act of terrorism" and “weapon of
mass destruction." The proposed legislation defines an act of terrorism as violence or threat of
violence likely to cause death or great bodily harm or property damage in excess of $125,000
and intended to intimidate or coerce the public or government entity. Weapons of mass
destruction is defined as any device capable of releasing a radioactive, biological, toxic or
chemical agent in any form or by any means that will or may reasonably be expected to produce
pg_0002
Senate Bill 193/aSPAC – Page
2
death, bodily harm or illness in a civilian population or to destroy an agricultural crop, livestock
or a food supply. The proposed legislation removes “civil disorder" as a terrorist act and
increases penalties for terrorist crimes. The proposed legislation penalizes a person who
commits an act of terrorism or uses a weapon of mass destruction guilty of a first degree felony.
An offender who trains or receives training in the use of weapons with the intent to further an act
of terrorism is increased from a fourth degree to a third degree felony.
FISCAL IMPLICATIONS
AOC notes 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.
NMCD states the increase in penalty and the addition of a new felony offense could have a
minimal to moderate increase the department’s costs by increasing the inmate population and
probation/parole caseloads. NMCD notes this cost could be offset to very minimal degree by the
revenue generated by the probation/parolee monthly supervision fees paid by convicted
offenders during their probation/parole period.
Based on FY06 actual expenditures, the average annual cost to incarcerate an individual in a
NMCD correctional facility is $31,239, and the average annual cost of probation and
parole/community corrections client is $1,343.
SIGNIFICANT ISSUES
HSEMD states the Senate Public Affairs Committee amendment raises the burden of proof by
further requiring that the act of terrorism is an intentional act of violence or intentional threat of
violence.
New Mexico Municipal League states the Senate Public Affairs Committee amendment would
require an act of violence or threat of violence to be intentional before they would be considered
to be acts of terrorism. The amendment adds the requirement that criminal intent be established
before an act of violence or threat of violence be considered an act of terrorism.
HSEMD states the definition of “civil disorder" was properly removed to better define acts of
terrorism which will decrease the possibility of individuals being charged with violations of the
statute for actions that may not be true acts of terrorism.
AOC states there may be concern over what speech may constitute an “act of terrorism" and
about the chilling effect of the proposed legislation may have upon political speech. AOC also
notes that as penalties increase, potential imprisonment or an increase in the length of potential
imprisonment tends to inspire defendants to retain attorneys and demand jury trials. Indigent
defendants are entitled to public defender services.
PERFORMANCE IMPLICATIONS
AOC states the proposed legislation may have an impact on the measures of the district courts in
the following areas: cases disposed of as percent of cases filed and percent change in case filings
by case type.
pg_0003
Senate Bill 193/aSPAC – Page
3
NMCD states the proposed legislation could negatively impact the department’s program if there
were more than just a few additional convictions. More inmates and more probationers/parolees
mean existing staff has less time and resources to devote to any one inmate or
probationer/parolee.
ADMINISTRATIVE IMPLICATIONS
AOC states 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.
NMCD states if the proposed legislation increases by a large number the inmate population or
probation/parolee caseloads, it will increase the workloads of current prison and probation/parole
staff. At some point, additional FTE will be needed by the department. NMCD notes if several
new crime bills are passed in this or any legislative session, the potential for the need to hire
additional FTE and for an increase in the prison population and probation/parole caseloads grows
significantly.
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