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F I S C A L I M P A C T R E P O R T
SPONSOR Balderas
ORIGINAL DATE
LAST UPDATED
1/19/2006
1/31/2006 HB 80/aHJC
SHORT TITLE Equitable Sentencing Schedule
SB
ANALYST McOlash
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
NFI
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
AGO Analysis of HJC/S HB 514 (2005 Session)
SUMMARY
Synopsis of the HJC Amendment
The House Judiciary Committee (HJC) amended HB 80 to add the following provision:
Regardless of value, whoever commits forgery of a will, codicil,
trust instrument, deed mortgage, lien or any other instrument
affecting title to real property is guilty of a 3
rd
degree felony.
The HJC amendment strikes Section 18 relating to the penalties for writing bad checks and, ap-
parently, a section relating to the 3
rd
degree felony relating to the exploitation of property.
Synopsis of Original Bill
House Bill 80 (Equitable Sentencing Schedule), for the Courts, Corrections and Justice Commit-
tee, amends sections of NMSA 1978 to provide an equitable schedule of sentencing for certain
criminal offenses. The bill redefines and/or defines the amount of financial damages necessary
for levels of punishments.
House Bill 80 standardizes the levels of crime for a wide variety of financial crimes to make
them consistent; and raises the levels at which misdemeanor financial crimes become felonies to
compensate for the effect of inflation.
pg_0002
House Bill 80/aHJC-Page
2
Please refer to the table attached, (based upon Tony Ortiz, staff attorney for the New Mexico
Sentencing Commission, analysis of HB 514, 2005 Session, bill identical to HB80) which sum-
marizes the 27 laws affected.
The effective date of the provisions of this act is July 1, 2006.
FISCAL IMPLICATIONS
House Bill 80 does not include an appropriation.
OTHER SUBSTANTIVE ISSUES
EQUITABLE SENTENCY SCHEDULE
TABLE OF PROPOSED CHANGES
Subject Current Sanctions Proposed Sanctions
Tax Fraud
7-1-73 NMSA 1978
Sentence of not less than six
months and not more than three
years.
Fine of not more than $5,000.
Costs of prosecution.
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Costs of prosecution.
Larceny
30-16-1 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
If property is livestock=3F
When property taken is a fire-
arm with value less than
$2,500=4F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
If property is livestock=3F
When property taken is a fire-
arm with value less than
$2,500=4F
Fraud
30-16-6 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
When property taken is a fire
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
When property taken is a fire-
arm with value less than
$2,500=4F
Unlawful dealing in federal
food coupons or WIC
checks
30-16-7 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Embezzlement
30-16-8 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
pg_0003
House Bill 80/aHJC-Page
3
Forgery
30-16-10 NMSA 1978
Whoever commits forgery is
guilty of a third degree felony.
No quantifiable damage or
Less than $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Receiving stolen property
30-16-11 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
When property >$2,500 is
taken with a firearm =4F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
When property >$2,500 is
taken with a firearm =4F
Falsely obtaining services
or accommodations
30-16-16 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Improper disposal, sale, re-
moval or concealing of
encumbered property
30-16-18 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Shoplifting
30-16-20 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 6 months
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 6 months
Fraudulent use of credit
cards
30-16-33 NMSA 1978
Whoever commits fraudulent
use of a credit card to obtain
anything of value is guilty of a
fourth degree felony
>$300=3F
In consecutive 6 months
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 6 months
Fraudulent acts by mer-
chants or their employees
30-16-34 NMSA 1978
Whoever commits fraudulent
acts by merchants or their em-
ployees to obtain anything of
value is guilty of a fourth de-
gree felony
>$300=3F
In consecutive 6 months
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 6 months
Receipt of property ob-
tained in Violation of Sec.
30-16-36
30-16-36 NMSA 1978
$100 or less=PM
>$100 but <$300=4F
$300 or more=3F
In consecutive 6 months
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 6 months
pg_0004
House Bill 80/aHJC-Page
4
Fraudulent acts to obtain or
retain possession of rented
or leased vehicle or other
personal property
30-16-39 NMSA 1978
When the property is not a ve-
hicle and has a value of $100 or
less=PM
When the property is a vehicle
or has a value of more than
$100=4F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Fraudulent refusal to return
a leased vehicle or other
personal property
30-16-40 NMSA 1978
When the property is not a ve-
hicle and has a value of $100 or
less=PM
When the property is not a ve-
hicle and has a value of more
than $100 but less than
$2,500=4F
When the property is a vehicle
and has a value of less than
$2,500=4F
When the property or vehicle
has a value of $2,500 or
more=3F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Arson
30-17-5 NMSA 1978
$100 or less=M
>$100 but NMT $1000=4F
>$1000=3F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Procure or attempt to pro-
cure telecommunications
service without paying
charge
30-33-13 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
“Worthless checks”
30-36-5 NMSA 1978
When the value is more than
$1.00 but less than $25.00=jail
term of not more than 30 days
and/or fine of NMT $100
When the value is $25.00 or
more=term of imprisonment of
not less than one year or more
than three years and/or fine
NMT $1000
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 3 months
Failing to disclose facts or
change of circumstances to
obtain public assistance
30-40-1 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 12 months
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
In consecutive 12 months
Unlawful use of food stamp
identification card or medi-
cal identification card
30-40-2 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
pg_0005
House Bill 80/aHJC-Page
5
>$20,000=2F
>$20,000=2F
Misappropriating public
assistance
30-40-3 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Failure to reimburse the
human services department
upon receipt of third party
payment
30-40-6 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Computer access with intent
to defraud or embezzle
30-45-3 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Computer abuse
30-45-4 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Unauthorized computer use
30-45-5 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Exploitation of a resident’s
property
30-47-6 NMSA 1978
$100 or less=PM
>$100 but NMT $250=M
>$250 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Fraudulent telemarketing
30-50-4 NMSA 1978
<$250=M
$250 or more but <$2,500=4F
$2,500 or more but <$20,000
=3F
$20,000 or more=2F
$250 or less=PM
>$250 but NMT $500=M
>$500 but NMT $2,500=4F
>$2,500 but NMT $20,000=3F
>$20,000=2F
Petty Misdemeanor (PM)=definite term not to exceed six months in jail
Misdemeanor (M)=definite term less than one year in jail
Fourth Degree Felony (4F)=eighteen months imprisonment
Third Degree Felony (3F)=three years imprisonment
Second Degree Felony (2F)=nine years imprisonment
pg_0006
House Bill 80/aHJC-Page
6
TECHNICAL ISSUES
Issues related to HJC Amendment
The HJC amendment appears to contain incorrect references to the pages and sections of HB 80.
The amendment (#1) calls for the insertion of the real property modification on page 10, between
lines 12 and 13. The context of the bill suggests that it should be inserted on page 11, between
lines 8 and 9 as E, with no renumbering.
Section 18 appears on pages 35 and 36, not 32 through 34.
The striking of lines 20 to 25 on page 49 may not be correct, considering the other errors.
ALTERNATIVES
None
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Continued inconsistency and disparity in financial crime categorization and punishment.
BM/nt