HB 539-FN – AS AMENDED BY THE HOUSE
27Mar2007… 0473h
2007 SESSION
04/03
HOUSE BILL 539-FN
AN ACT relative to manslaughter.
SPONSORS: Rep. W. Knowles, Straf 6; Rep. Tholl, Coos 2; Rep. Burridge, Ches 3; Rep. Winchell, Rock 6; Rep. Forest, Hills 17; Sen. Fuller Clark, Dist 24; Sen. Roberge, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill amends the circumstances under which a defendant who commits a homicide would be charged with manslaughter.
This bill is a request of the department of justice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0473h
07-0700
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to manslaughter.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Manslaughter. Amend RSA 630:2, I to read as follows:
I. A person is guilty of manslaughter when he or she causes the death of another[:
(a) Under the influence of extreme mental or emotional disturbance caused by extreme provocation but which would otherwise constitute murder; or
(b)] recklessly.
I-a. A defendant charged with murder under RSA 630:1-a, I(a) or RSA 630:1-b is guilty of manslaughter if he or she proves by a preponderance of the evidence that he or she was acting under the influence of extreme mental or emotional disturbance caused by extreme provocation. The defendant shall provide pre-trial notice to the prosecution of his or her intent to rely on this affirmative defense.
2 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0700
01/24/07
HB 539-FN - FISCAL NOTE
AN ACT relative to manslaughter.
FISCAL IMPACT:
The Judicial Council states this bill may increase state general fund expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Council states this bill amends the circumstances under which a defendant who commits a murder would be charged with manslaughter. The bill would amend the manslaughter statute (RSA 630:2, I) to provide an affirmative defense to certain first degree and all second degree murder cases in which the defendant can prove, by a preponderance of the evidence, that the defendant was acting under the influence of extreme mental or emotional disturbance caused by extreme provocation. The Council states these types of cases are typically the most expensive to defend. These cases typically require the skill levels, training, and support which the public defender program can provide. The fixed fee of $15,000 per case is charged via reimbursement by the public defender. If an assigned counsel attorney is used due to a conflict of interest or caseload limitations, they are paid at $60 per hour with a fee cap of $15,000 per attorney. Additionally, these types of cases require non-counsel types of services which are costly. The Council states this bill may increase state expenditures by an indeterminable amount.
The Judicial Branch states this bill does not add any new cases and should have minimal fiscal impact on the Branch. Cases involving homicides are considered complex criminal proceedings so this bill would not change the case weight to be applied to any criminal prosecution.
The Department of Justice states this bill would not result in any increases or decreases in the number of prosecutions for manslaughter. The Department prosecutes all manslaughter cases for the state. This bill provides clarification for how the law is to be applied and is not expected to have a fiscal impact on the Department.