HB497 (2007) Detail

Requiring jail time for certain offenses involving bad checks.


HB 497-FN – AS INTRODUCED

2007 SESSION

07-0921

04/10

HOUSE BILL 497-FN

AN ACT requiring jail time for certain offenses involving bad checks.

SPONSORS: Rep. Ingbretson, Graf 5

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill imposes jail time for certain offenses involving bad checks.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0921

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT requiring jail time for certain offenses involving bad checks.

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

1 Fraud; Issuing Bad Checks. Amend RSA 638:4, IV(a)(4) to read as follows:

(4) A class B misdemeanor in all other cases. Notwithstanding RSA 625:9, IV(b), and in addition to any other remedy ordered by the court, a person found guilty under this subparagraph shall be sentenced to 3 days for a second offense and 10 days for a third or subsequent offense at the county correctional facility, no part of which sentence shall be suspended.

2 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0921

01/23/07

HB 497-FN - FISCAL NOTE

AN ACT requiring jail time for certain offenses involving bad checks.

FISCAL IMPACT:

The Judicial Branch, the Judicial Council, and New Hampshire Association of Counties state this bill will increase state general fund and county expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.

METHODOLOGY:

The Judicial Branch states this bill will amend RSA 638:4, IV(a)(4) to provide that for the class B misdemeanor offense of issuing a bad check, a second offense would carry a minimum mandatory prison sentence of three days and a third or subsequent offense would carry a minimum mandatory prison sentence of ten days. The Branch states 1,019 issuing bad check charges, which includes class A and B misdemeanors, were brought in the District Courts in FY 2006. The Branch states the current judicial and clerical cost of a class B misdemeanor is $37. Minimum mandatory sentences generally limit the ability of the state and defendant to enter into a plea bargain, resulting in more cases going to trial and may result in an increase in the average cost per class B misdemeanor. The Branch states the mandatory prison sentence if convicted may result in an increase in appeals. Appeals to the Supreme Court and Superior Courts would dramatically increase costs. The Branch states it is unable to determine the increase in expenditures that may occur under this bill.

The Judicial Council states this bill may result in increased general fund expenditures but is unable to determine the fiscal impact. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,000. The Council also states additional costs could be incurred if an appeal is filed. The public defender and contract attorney rates for Supreme Court appeals are $1,500 per case, with many attorneys seeking permission to exceed the fee cap.

The New Hampshire Association of Counties states the average daily cost to incarcerate an inmate at a county facility is $62.71 per day. The Association states this bill will increase

LBAO

07-0921

01/23/07

county expenditures by an indeterminable amount because it cannot be determined how many individuals may be convicted of a second or subsequent offense of issuing bad checks.