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

SPONSOR Chasey

ORIGINAL DATE

LAST UPDATED

1/24/08

HB 104/aHJC

SHORT TITLE Murder Victim Family Member Reparations

SB

ANALYST Peery-Galon

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

$500.0

Recurring

General Fund

$1,000.0 Recurring

General Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

REVENUE (dollars in thousands)

Estimated Revenue

Recurring

or Non-Rec

Fund

Affected

FY08

FY09

FY10

$500.0

Recurring

Crime Victims

Reparation Fund

$1,000.0

Recurring

Murder Victim Family

Services Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Crime Victims Reparation Commission (CVRC)

Administrative Offices of the Courts (AOC)

Children, Youth and Families Department (CYFD)

Administrative Offices of the District Attorneys (AODA)

No Responses Received From

State Treasurer

House Bill 104/aHJC – Page

2

SUMMARY

Synopsis of HJC Amendment

The House Judiciary Committee amendment of House Bill 104 removes the line-through

“director" on page 10, line 8.

Synopsis of Bill

House Bill 104 amends the Crime Victims Reparation Act to permit the Crime Victims

Reparation Commission to order payment of reparation in the amount of $10,000 to a deceased

victim’s dependents or children for the loss of a parent to murder when a child is less than 26

years of age at the time of the loss. Payment is to be made even when the total award of

reparation would be in excess of the $20,000 cap on awards. The proposed legislation defines

“child" to include a stepchild or adopted child, and defines “parent" as natural parent, adoptive

parent or stepparent.

House Bill 104 creates the Murder Victim Family Services Fund to allow for the awarding of

grants to nonprofits for the provision of cost-effective services, victim advocacy, support and

educational programs to children and adults who have lost a person within their family

relationship group to murder. The Crime Victims Reparation Commission is required to adopt

rules on qualifications for grants and must specify the format, procedure and deadlines for grant

applications.

House Bill 104 appropriates $500.0 from the general fund to the Crime Victims Reparation Fund

to provide reparation to children of murder victims pursuant to the Crime Victims Reparation

Act, and appropriates $1,000.0 from the general fund, for expenditure in fiscal year 2009 and

subsequent fiscal years, to the Murder Victim Family Services Fund for awarding grants to

nonprofit organizations for services, victim advocacy, support and educational programs to

persons who have lost a person within their family relationship group to murder and for

administration of the fund.

FISCAL IMPLICATIONS

The appropriation of $500.0 contained in this bill is a recurring expense to the general fund. Any

unexpended or unencumbered balance remaining at the end of fiscal year 2009 shall revert to the

general fund.

The appropriation of $1,000.0 contained in this bill is a recurring expense to the general fund.

Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert

to the general fund.

Continuing Appropriations

This bill creates a new fund and provides for continuing appropriations. The LFC has concerns

with including continuing appropriation language in the statutory provisions for newly created

funds, as earmarking reduces the ability of the legislature to establish spending priorities.

House Bill 104/aHJC – Page

3

CVRC states both of the programs in the proposed legislation would cost a total of $1.5 million a

year.

AOC states there will be minimal administrative cost for statewide update, distribution and

documentation of statutory changes. Any additional fiscal impact on the judiciary would be

proportional to a potential increase in commenced prosecutions for knowingly making a false

claim or a fake statement in connection with a claim filed pursuant to the Crime Victim

Reparation Act.

SIGNIFICANT ISSUES

CVRC states survivors of homicide do not have services available to them compared to other

crime victims. Homicide survivors have special needs that other victims do not have. CVRC

notes these grant funds could be used to establish services to survivors throughout New Mexico.

AOC notes that Section 31-22-20 NMSA 1978 provides that knowingly making a false claim or

a false statement in connection with a claim filed pursuant to the Crime Victims Reparation Act

is a fourth degree felony.

PERFORMANCE IMPLICATIONS

AOC notes the proposed legislation may have an inmate on the measures of the district courts in

the following areas: cases disposed of as a percent of cases filed and percent changes in case

filings by case type.

ADMINISTRATIVE IMPLICATIONS

AOC states new laws, amendments to existing laws and new hearings have the potential to

increase caseloads in the courts, thus requiring additional resources.

TECHNICAL ISSUES

CVRC notes the House Judiciary Committee amendment of House Bill 104 addresses its concern

on the removal of language “director of the commission."

CVRC recommends on page 10, line 8, removing a strike through the language “director of the

commission." CVRC notes the director is a vital part of the preliminary award function of the

commission.

AODA recommends on page 1, line 24 after the word “a" and before the word “stepchild" add

the word “natural child, a". Also, AODA questions whether on page 11, lines 15 and 16, if the

amount of the fund used for administration should be limited to a percentage of the total amount

of the fund.

RPG/nt:mt