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SPONSOR: |
Rodriguez |
DATE TYPED: |
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HB |
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SHORT TITLE: |
Child Endangerment |
SB |
708 |
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ANALYST: |
Maloy |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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See Narrative |
Recurring |
General
Fund |
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Responses
Received From
Office
of the Attorney General
Department
of Public Safety
Corrections
Department
Public
Defenders Department
Administrative
Offices of the Courts
SUMMARY
Synopsis
of Bill
Senate Bill 708
proposes to create a new crime against children and/or dependents. The bill proposes the crime of “child
endangerment” and defines the crime as transporting a child in a motor vehicle
when driving while intoxicated, or knowing allowing an intoxicated person to
transport a child.
The bill eliminates
the need to prove that driving while intoxicated with a child in the car endangers
the child’s life or health, as is currently required under the child abuse
statute.
The bill classifies “child endangerment” as a third-degree felony when there is no injury to the child, a second-degree felony when the child is injured, and a first-degree felony when there is great bodily harm or the child dies.
Significant Issues
1.
At trial there may be issues relating
whether the intoxicated driver was the cause of the child’s
injury or death. What if the accident
was the result of another motorist’s error or moving violation? What if intoxication was not the causal
factor leading to the accident? Would
the intoxicated driver still be liable for a second or first-degree
felony? Should intoxication be a rebuttable presumption of cause of the accident, and
therefore guilt of the crime of second or first-degree child endangerment?
2.
There are potential problems with holding
another responsible for knowingly allowing a child to ride with an intoxicated
individual. A parent may be coerced by
an intoxicated co-parent or spouse. Or,
what if a co-parent or spouse has a drinking problem, but is not intoxicated
when the child is left alone in his or her custody? If the alcoholic co-parent or spouse becomes intoxicated
and thereafter transports the child in a car, has the non-present co-parent or
spouse knowingly allowed this to occur?
3.
The creation of this new crime, in light
of New Mexico’s drinking and driving problems, will likely have a significant
impact upon the courts, public defenders office, district attorneys office,
children, youth and families department (if the child is in need of placement),
and the corrections department (as more individuals are sentenced to longer
prison terms, parole terms, and the like).
Enhanced penalties result in fewer plea bargains.
4. The
Department of Public Safety raises the question of whether there would be double
jeopardy issues
associated with the DWI being a lesser included offense of the
child endangerment charge. Also, would
there be an issue regarding the fact that DWIs are
handled in metro, municipal and magistrate courts, but child endangerment would
be subject to the jurisdiction of the district court.
FISCAL IMPLICATIONS
There are no
appropriations associated with SB 708.
However, should it be enacted, there will be secondary costs to the
state as outlined above for the courts, public defenders department, district
attorneys office, children, youth and families department, and corrections
department.
SJM/sb