NOTE: As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used for other purposes.

The most recent FIR version (in HTML & Adobe PDF formats) is available on the Legislative Website. The Adobe PDF version includes all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be obtained from the LFC in Suite 101 of the State Capitol Building North.

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

SPONSOR:	White		DATE TYPED:	2/27/03		HB	333
SHORT TITLE:		DWI as Habitual Offender				SB
					ANALYST:		Maloy

APPROPRIATION

Appropriation Contained		Estimated Additional Impact		Recurring or Non-Rec	Fund Affected
FY03	FY04	FY03	FY04
			See Narrative	Recurring	General Fund

Duplicates HB 333 in its entirety.

Duplicates SB 16 in part.

Conflicts with HB 117 and HB243.

SOURCES OF INFORMATION

Responses Received From

Administrative Offices of the Courts

Administrative Offices of the District Attorney

Office of the Attorney General

Department of Corrections

Department of Public Safety

Highway and Transportation Department

Office of the Public Defender

SUMMARY

Synopsis of Bill

House Bill 333 amends the Habitual Offenders Act and clearly establishes the legislature’s intention that a felony DWI conviction is to be treated the same as any other felony conviction for the purposes of Habitual Offender proceedings.

Significant Issues

HB 333 arises out of the New Mexico Supreme Court’s decision in State v. Anaya, 123 N.M. 14, 933 P.2d 223 (1997). In Anaya, a majority of the court held that it was not clear when the legislature amended § 66-8-102 (G) to punish a fourth DWI conviction as a fourth degree felony that the legislature intended the habitual offender statute to apply.

FISCAL IMPLICATIONS

Longer sentences will likely mean more DWI cases will go to trial and, if a conviction is achieved, more individuals will spend more time incarcerated. This has both an administrative and fiscal impact on the Public Defenders Office, the District Attorneys Office, the Courts, and the Department of Corrections.

The contract/private prison annual costs of incarcerating an inmate based upon FY02 actual expenditures is $23,552 per year for males. The cost for females is $25,117 per year.

The cost per client in the Probation and Parole program is $1,533 per year when standard supervision is appropriate. The cost per client in the intensive supervision programs is $2,964 per year.

ADMINISTRATIVE IMPLICATIONS

Habitual Offender proceedings are generally simple, straight-forward proceedings that are not contested.

SJM/yr