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F I S C A L I M P A C T R E P O R T
SPONSOR Gardner
ORIGINAL DATE
LAST UPDATED
2/8/2006
HB HJR 13
SHORT TITLE Prohibit Bail for Methamphetamine Crimes, CA
SB
ANALYST McOlash
APPROPRIATION (dollars in thousands)
Appropriation
Recurring
or Non-Rec
Fund
Affected
FY06
FY07
None
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
Responses Received From
Administrative Office of the Courts (AOC)
SUMMARY
Synopsis of Bill
House Joint Resolution 13 proposes to amend Article 2, Section 13 of the New Mexico Constitu-
tion to prohibit bail to persons charged with the manufacture of methamphetamine.
SIGNIFICANT ISSUES (AOC)
The proposed amendment, in effect, equates the manufacture of methamphetamine with the
commission of a capital offense. Article 2, Section 13, Section 1.A. and B. provide a time limi-
tation on bail when a defendant is accused of a felony and meets certain conditions, and when a
defendant is accused of a felony involving the use of a deadly weapon and has a prior felony
conviction within the state.
The number of cases relating to methamphetamine manufacture has risen dramatically and may
continue to rise. For courts to make a determination of whether there is proof or a great pre-
sumption that a defendant has participated in the manufacture could take a great deal of time.
There will also be resultant challenges to the denial of bail.