HB 698-FN – AS AMENDED BY THE HOUSE
09Mar2005… 0360h
04Jan2006… 0015h
2005 SESSION
09/10
HOUSE BILL 698-FN
AN ACT relative to penalty assessments.
SPONSORS: Rep. Welch, Rock 8; Rep. Stevens, Carr 4; Rep. Knowles, Straf 6; Rep. Gilbert, Rock 12
This bill changes the assessment method for the penalty assessment when a judge suspends all or all or part of the fine to apply the penalty assessment to the original fine amount.
The bill also establishes a new $50 penalty assessment on certain cases which are placed on file with a finding of guilty, pursuant to a negotiated plea.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09Mar2005… 0360h
04Jan2006… 0015h
05-0867
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to penalty assessments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Penalty Assessment; Waiver of Penalty. RSA 188-F:31, III is repealed and reenacted to read as follows:
III.(a) If a total fine for an offense or violation described in paragraph I is suspended in whole or in part, a sum equivalent to the 20 percent penalty assessment shall be imposed on the original fine amount.
(b) If, pursuant to a negotiated plea, a case as described in paragraph I is placed on file with a finding of guilty, the amount of $50 per offense shall be collected.
2 Effective Date. This act shall take effect July 1, 2006.
LBAO
05-0867
Amended 1/9/06
HB 698 FISCAL NOTE
AN ACT relative to penalty assessments.
FISCAL IMPACT:
The Judicial Branch has determined this bill, as amended by the House (Amendment #2006-0015h), will increase state restricted revenue by $379,573 in FY 2006 and $759,145 in FY 2007 and each year thereafter. State general fund revenue will increase by $66,984 in FY 2006 and $133,967 in FY 2007 and each year thereafter. There will be no fiscal impact on county and local revenue or state, county, and local expenditures.
METHODOLOGY:
The Judicial Branch states this bill will amend RSA 188-F:31, III, which currently reduces the penalty assessment on court fines in proportion to the amount of the fine suspended. Under this bill, even if a fine is suspended in whole or in part, the penalty assessment will be imposed on the original fine amount. In addition, this bill provides that when there is a negotiated plea placing a case on file, $50 per offense shall be due, with 65% to the Police Standards and Training Council Training Fund and 20% to the Victims’ Assistance Fund and 15% to the general fund.
The Judicial Branch estimates $16,729,722 in fines are imposed annually in all district courts. The Branch estimates 23% of fines imposed, or $3,847,836, are suspended. The 20% penalty assessment on those suspended fines would be $769,567. The Branch further estimates 35% of the penalty assessments would be suspended for hardship under RSA 188-F:31,V, leaving $500,219 to be collected pursuant to the proposed RSA 188-F:31, III(a) included in this bill. $325,142 would go to the Police Standards and Training Council Training Fund and $100,044 to the Victims’ Assistance Fund and $75,033 to the general fund. Due to the January 1, 2006 effective date, half of the total amount, or $250,110 would be collected in FY 2006 and $500,219 in FY 2007 and each year thereafter.
The Judicial Branch further states there were 12,089 negotiated pleas placed on file in the district courts in 2004. At $50 per offense, $604,450 would be due under the proposed RSA 188-F:31, III(b) included in this bill. However, the Branch estimates 35% of this amount would be suspended for hardship under RSA 188-F:31,V, leaving $392,893 to be collected. Of this, $255,380 would go to the Police Standards and Training Council Training Fund, $78,579 to the Victims’ Assistance Fund and $58,934 to the general fund. Due to the January 1, 2006 effective date, half of the total amount, or $196,447, would be collected in FY 2006, and $392,893 in FY 2007 and each year thereafter.
The Judicial Branch also states that fine collection by the superior court is relatively small, amounting to just more than 1% of the amount imposed by the district court. Also, placing cases on file in the superior court is not frequently done. The Branch further states there will be an indeterminable cost to collect the assessments in this bill, which will result in increased delays in the processing of cases.