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F I S C A L I M P A C T R E P O R T
SPONSOR Park
ORIGINAL DATE
LAST UPDATED
1/30/06
HB 263
SHORT TITLE Sentences for Felonies by Public Officials
SB
ANALYST Medina
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
NFI
(Parenthesis ( ) Indicate Expenditure Decreases)
Relates to the Criminal Sentencing Act
SOURCES OF INFORMATION
LFC Files
Responses Received From
Corrections Department (CD)
Administrative Office of the Courts (AOC)
Responses Not Received From
Attorney General (AG)
Secretary of State (SOS)
SUMMARY
Synopsis of Bill
House Bill 263 amends the Criminal Sentencing Act (Chapter 31, Article 18 NMSA 1978) to
enhance sentences for elected public officials convicted of a felony. The bill allows that upon a
separate finding of fact by a court or jury that an offender is an elected public official and that
the felony conviction of the public official relates to, arises out of or is in connection with the
offender’s holding of an elected office, the basic sentence be increased by one year. A sentence
imposed pursuant to the bill can include an alternative sentence that requires community service,
treatment, education or any combination of the above. Finally, the bill states that the court may
suspend or defer any portion or the entire sentence or grant a conditional discharge, unless oth-
erwise provided by law.