HB1665 (2006) Detail

Creating an offense for the injury of another resulting in miscarriage or stillbirth.


HB 1665-FN – AS INTRODUCED

2006 SESSION

06-2231

04/03

HOUSE BILL 1665-FN

AN ACT creating an offense for the injury of another resulting in miscarriage or stillbirth.

SPONSORS: Rep. Gilbert, Rock 12; Rep. Winchell, Rock 6; Rep. Knowles, Straf 6; Rep. Marshall Quandt, Rock 13

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a criminal offense for negligently causing the injury of another resulting in miscarriage or stillbirth.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2231

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT creating an offense for the injury of another resulting in miscarriage or stillbirth.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Homicide; Negligent Homicide. Amend RSA 630:3 to read as follows:

630:3 Negligent Homicide.

I. A person is guilty of a class B felony when he or she causes the death of another negligently.

I-a. A person is guilty of a class B felony if such person negligently causes injury to another resulting in miscarriage or stillbirth.

II. A person is guilty of a class A felony when in consequence of being under the influence of intoxicating liquor or a controlled drug or any combination of intoxicating liquor and controlled drug while operating a propelled vehicle, as defined in RSA 637:9, III or a boat as defined in RSA 270:48, II, he or she causes the death of another.

III. In addition to any other penalty imposed, if the death of another person resulted from the negligent driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person for up to 7 years. In cases where the person is convicted under paragraph II, the court shall revoke the license or driving privilege of the convicted person indefinitely and the person shall not petition for eligibility to reapply for a driver's license for at least 7 years. In a case in which alcohol was involved, the court may also require that the convicted person shall not have a license to drive reinstated until after the division of motor vehicles receives certification of installation of an ignition interlock device as described in RSA 265:93-a, which shall remain in place for a period not to exceed 5 years.

IV. In this section:

(a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and

(b) “Stillbirth” means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.

2 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2231

12/12/05

HB 1665-FN - FISCAL NOTE

AN ACT creating an offense for the injury of another resulting in miscarriage or stillbirth.

FISCAL IMPACT:

      The Judicial Branch, Judicial Council, and Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2007 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or local expenditures.

METHODOLOGY:

    The Judicial Branch states this bill would allow one to be charged with negligent homicide by “negligently causing injury to another resulting in miscarriage or stillbirth”. This bill may result in additional homicide cases. A class B felony often results in jury trials, which are estimated to cost $1,693 per full day jury trial. Adding the cost of preliminary hearings, time to write a charge to the jury, and clerical processing would make the cost of a jury trial in excess of $2,000 per day. Additional security and possible appeals would result in additional costs. The Branch is unable to determine the exact fiscal impact at this time.

    The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable, will in the first instance, be handled by the public defender or contract attorney who accept 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 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. Any charge within the criminal justice system, committed by a juvenile, will be compensated within the flat fee contract system of $275 per case through disposition, plus $206.25 for each and every review hearing following disposition. Assigned counsel will be at the $60 per hour rate with a fee cap of $1,200. The fee cap may be waived upon motion filed with the court and approved in advance. Any case where a defendant has been found guilty may also result in appeals to either the superior court or the Supreme Court, which would have a cost implication for Indigent Defense expenditures made by the State. 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.

                      LBAO

                      06-2231

                      12/12/05

    The Association of Counties states to the extent individuals are prosecuted, the county may incur the cost of pre-trial detainment at the county department of corrections, as well as the cost of sentenced inmates under the new law. The average annual cost for counties to incarcerate inmates is $21,633.55. The exact fiscal impact cannot be determined at this time.

Links

HB1665 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1665 Revision: 9936 Date: Jan. 21, 2010, midnight

Docket