HB449 (2009) Detail

Increasing the penalty for unlawful possession or release of criminal records.


HB 449-FN – AS INTRODUCED

2009 SESSION

09-0163

04/05

HOUSE BILL 449-FN

AN ACT increasing the penalty for unlawful possession or release of criminal records.

SPONSORS: Rep. DiFruscia, Rock 4

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill increases the penalty for unlawful possession or release of criminal records from a violation to a misdemeanor.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0163

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT increasing the penalty for unlawful possession or release of criminal records.

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

1 State Police; Criminal Records. Amend RSA 106-B:14, I to read as follows:

I. With the approval of the commissioner of safety, the director shall adopt rules under RSA 541-A as may be necessary to secure records and other information relative to persons who have been convicted of a felony, misdemeanor or violation within the state, or who are known to be habitual criminals, or who have been placed under arrest in criminal proceedings. The term “violation” as used in this section shall apply only to violations committed under title LXII. Notwithstanding RSA 91-A, such records and information, including but not limited to dissemination logs, shall not be open to the inspection of any person except those who may be authorized to inspect the same by the director, as follows:

(a) Law enforcement personnel may request and receive any information documenting an individual’s contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody and supervision.

(b) Any individual may request and receive a copy of his or her own criminal conviction and arrest records and related information.

(c) Any individual or any public or private agency may request and receive a copy of the criminal conviction record of another who has provided authorization in writing, duly signed and notarized, explicitly allowing the requestor to receive such information.

(d) An employee of or person under contract to the state of New Hampshire to whom such disclosure is necessary in connection with the processing, storage, and transmission of such information, or the programming, repair, maintenance, testing, or procurement of equipment used to process, store, or transmit such information.

The clerks of the superior and [municipal] district courts, or if there is no clerk the justice thereof, sheriffs, deputy sheriffs, police officers, and superintendents of the county departments of corrections shall secure and forward to the director all such information as he or she may direct relative to persons brought before said courts or arrested or in the custody of such officers. Any person violating the provisions of this section or any rules adopted under RSA 541-A shall be guilty of a [violation] misdemeanor, for each offense.

2 Effective Date. This act shall take effect January 1, 2010.

LBAO

09-0163

12/08/08

HB 449-FN - FISCAL NOTE

AN ACT increasing the penalty for unlawful possession or release of criminal records.

FISCAL IMPACT:

      The Judicial Council 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 amends RSA 106-B:14,I to increase the penalty in that section from a violation to an unspecified misdemeanor for unlawful possession or release of criminal records. The Branch states the change from a violation to an unspecified misdemeanor for the unlawful possession or release of criminal records will have no fiscal impact on the Branch. The Branch states the weighted case studies done by the National Center for State Courts in 2005 provide the same weight to a violation and an unspecified misdemeanor, thus no change in cost to process the case.

    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, 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 $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. However, such motions 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 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.