HB 1620-FN – AS AMENDED BY THE HOUSE
07Mar2006… 0922h
2006 SESSION
10/04
HOUSE BILL 1620-FN
AN ACT relative to hunting restrictions of certain convicted felons.
SPONSORS: Rep. Bicknell, Rock 1; Rep. Kennedy, Merr 4
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits certain convicted felons from obtaining a license and hunting wild birds and wild animals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 0922h
06-2271
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to hunting restrictions of certain convicted felons.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Fish and Game; Licenses; Restrictions on Certain Felons. Amend RSA 214:1 to read as follows:
214:1 License Required; Restriction on Felons.
I. No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill freshwater fish, saltwater smelt, saltwater shad, saltwater salmonoids, wild birds, or wild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title. The licensee shall carry such license on his person when so engaged, and the license shall be subject to inspection on demand of any person.
II.(a) No person shall at any time possess a license to hunt, shoot, pursue, take, or kill wild birds or wild animals in this state if the person has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of:
(1) A felony against the person or property of another;
(2) A felony under RSA 318-B; or
(3) A felony violation of the laws of any other state, the District of Columbia, the United States, the Commonwealth of Puerto Rico or any territory or possession of the United States relating to controlled drugs as defined in RSA 318-B.
(b) A person is guilty of a class B felony if such person completes and signs an application for a license and the person is a convicted felon under the provisions of subparagraph (a).
(c) It is an affirmative defense to a charge under this paragraph that a felony of which a defendant has been convicted in another jurisdiction would not have constituted a felony in the state of New Hampshire at the time such felony was committed.
2 New Section; Fish and Game; Prohibition on Felons. Amend RSA 207 by inserting after section 2-a the following new section:
207:2-b Prohibition on Felons.
I. No person shall at any time hunt, shoot, pursue, take, or kill wild birds or wild animals in this state if the person has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of:
(a) A felony against the person or property of another;
(b) A felony under RSA 318-B; or
(c) A felony violation of the laws of any other state, the District of Columbia, the United States, the Commonwealth of Puerto Rico or any territory or possession of the United States relating to controlled drugs as defined in RSA 318-B.
II. A person who violates the provisions of paragraph I shall be guilty of a class B felony.
III. It is an affirmative defense to a charge under this section that a felony of which a defendant has been convicted in another jurisdiction would not have constituted a felony in the state of New Hampshire at the time such felony was committed.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2271
12/1/05
HB 1620-FN - FISCAL NOTE
AN ACT relative to hunting restrictions of certain convicted felons.
FISCAL IMPACT:
The Judicial Branch, Judicial Council and Departments of Justice, Fish and Game and Corrections state this bill will increase state expenditures and decrease state fish and game revenue by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Judicial Branch states this bill adds RSA 214:1,II(a) prohibiting felons from obtaining a hunting license, adds Subparagraph II(b) making it a class B felony for a felon to apply for a hunting license, and adds RSA 207:2-b prohibiting felons from hunting, also a class B felony. The Branch states that for each felony case that goes to trial court, the cost will be approximately $296.88. This estimate is based on judicial and clerical needs assessment studies, and includes judicial, clerical, jury and bailiff costs. The Branch does not believe the provisions in this bill will add many new cases, since a felon in possession of a firearm is already a criminal offense. The only new criminal cases likely to arise from this bill are those cases where the mere application for a hunting license becomes a crime, and those cases involving non-firearm hunting, such as bow hunting. The Branch indicates the number of new cases and corresponding increase in state expenditures is indeterminable.
The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will be handled by the public defender or contract attorney who accepts these cases on a fixed fee basis of $756.25 per felony charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $3,000 per felony will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time. The potential number of convicted felons under the terms of this legislation comprises a significantly large pool. However, the provision of the penalty aspect of the statute relate only to those convicted felons who attempt to procure a license or engage in hunting or fishing in violation of the terms of the statute. This
is potentially a much more restricted pool, and thus the potential fiscal impact would be minimal.
The Department of Justice states this bill would have an indeterminable, but negligible fiscal impact on the Department. If the provisions identified in this bill were violated, the Department would serve as legal counsel when an appeal was taken to the New Hampshire Supreme Court. The Department cannot estimate how many of these cases will be appealed, and therefore, states that the state expenditure increase is indeterminable.
The Department of Fish and Game states this bill may decrease state fish and game revenues by a minimal amount representing lost licenses revenue from felons that might have hunting licenses.
The Department of Corrections states the number of individuals sentenced under this legislation cannot be predicted. The average cost of incarcerating an individual in the general prison population for FY 2005 was $28,143.