Revision: Jan. 20, 2009, midnight
HB 430-FN – AS INTRODUCED
2009 SESSION
04/01
HOUSE BILL 430-FN
AN ACT removing the statute of limitations on certain crimes committed in furtherance of murder.
SPONSORS: Rep. Cushing, Rock 15; Rep. Sapareto, Rock 5
COMMITTEE: Criminal Justice and Public Safety
This bill allows prosecution at any time for certain crimes involving falsification in official matters if committed with the purpose to assist in a murder, to conceal a murder, or to conceal or hinder the investigation or apprehension of an individual responsible for murder.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0618
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT removing the statute of limitations on certain crimes committed in furtherance of murder.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Limitations; Crimes in Furtherance of Murder. Amend RSA 625:8, III by inserting after subparagraph (f) the following new subparagraph:
(g) For any offense under RSA 641:1 through 641:7, if committed with the purpose to assist in a murder, to conceal a murder, or to conceal or hinder the investigation or apprehension of an individual responsible for murder, at any time.
2 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0618
01/14/09
HB 430-FN - FISCAL NOTE
AN ACT removing the statute of limitations on certain crimes committed in furtherance of murder.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, the Department of Corrections, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2010 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 remove the statute of limitations on the prosecution of offenses in RSA 641:1 through RSA 641:7, involving falsification in official matters, if that falsification was committed in furtherance of a murder. The Branch states this bill has the potential to allow the prosecution of cases that would have otherwise exceeded a criminal statute of limitations. The Branch has no information to estimate how many additional prosecutions would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. The prosecutions brought pursuant to RSA 641:1 through RSA 641:7 will either be an unspecified misdemeanor or class B felony case, which is treated as a routine felony case. The Branch states the cost of an unspecified misdemeanor case is $35.75 and the cost of a class B felony case is $335.98 in FY 2010 and each year thereafter. The Branch has no information to estimate how many charges would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. However, if a single case were to be appealed to the New Hampshire Supreme Court, the fiscal impact would be in excess of $10,000.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, a public defender or an assigned counsel attorney will be appointed for a murder case. If an assigned counsel attorney is used, the fee is $60 per hour with a cap of $20,000 per co-counsel for homicide cases under RSA 630:1-2. The fee cap can be exceeded upon motion filed with the court in advance and approved by the trial judge. The Council also states additional costs could be incurred if an appeal is filed. The public defender and assigned counsel rates for Supreme Court appeals is
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09-0618
01/14/09
$2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2008 was $32,753. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2008 was $779. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $30,165 a year.
The Department of Justice states the Department would be involved in the investigation and prosecution of these cases but does not expect the passage of this bill will result in any significant increase in the number of investigations or prosecutions. The Department states any fiscal impact could be absorbed by the Department.