Revision: Jan. 21, 2010, midnight
HB 46-FN – AS AMENDED BY THE HOUSE
23Feb2005… 0183h
2005 SESSION
03/10
HOUSE BILL 46-FN
AN ACT relative to penalties for first-time DWI offenders.
SPONSORS: Rep. Welch, Rock 8; Rep. Pilliod, Belk 5; Rep. Knowles, Straf 6; Rep. Tholl, Coos 2
COMMITTEE: Criminal Justice and Public Safety
This bill modifies the requirements for reducing a first-time DWI conviction from a misdemeanor to a violation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Feb2005… 0183h
05-0056
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to penalties for first-time DWI offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Penalties for Intoxication or Under Influence of Drug Offenses; Conviction Classification Reduction. Amend RSA 265:82-b, I(a)(6) to read as follows:
(6) The court in which the person was convicted [may] shall reduce the conviction to a violation upon a motion filed by either party at least one year after the date [of the conviction. In deciding whether to reduce the conviction to a violation, the court may consider the person’s subsequent driving record, any evidence of drug or alcohol treatment, the hardship that having a criminal record may cause for the person, and any other factors that the court deems relevant] that the person successfully completed all of the requirements of subparagraph I(a), provided that the person has not subsequently been arrested for any alcohol-related or drug-related offense. No person who was convicted under subparagraph I(a) because a second or subsequent offense was reduced to a first offense shall be eligible to have the conviction reduced to a violation.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
05-0056
12/7/04
HB 46-FN - FISCAL NOTE
AN ACT relative to penalties for first-time DWI offenders.
FISCAL IMPACT:
The Judicial Branch has determined this bill may increase state expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Branch stated this bill amends RSA 265:82-b, I(a)(6), a statute which does not take effect until January 1, 2005. The new statute makes DWI first offense a class B misdemeanor but allows the court to reduce it to a violation on motion filed at least one year after the conviction. The not yet effective statute lists what the court is to consider in deciding whether to reduce the level of the offense. This bill takes out the considerations and makes the reduction in the level of the offense mandatory, if the defendant completes certain statutory requirements. As a result, less juridical time will be involved with each motion, but since the reduction is mandatory under this bill, more motions are likely to be filed. The Judicial Branch stated that if more motions are filed there may be an increase in expenditures, however, the amount cannot be determined.
The Judicial Council, Department of Justice and Association of Counties have stated this bill will have no fiscal impact