HB 523-FN – AS INTRODUCED
2009 SESSION
04/05
HOUSE BILL 523-FN
AN ACT requiring DNA testing of all persons convicted of a felony.
SPONSORS: Rep. Welch, Rock 8; Rep. Shurtleff, Merr 10
COMMITTEE: Criminal Justice and Public Safety
This bill requires DNA testing of any person convicted of committing a felony offense.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0066
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT requiring DNA testing of all persons convicted of a felony.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 DNA Testing of Criminal Offenders; DNA Testing Required. Amend RSA 651-C:2, I to read as follows:
I. Upon intake or prior to the release of any offender after conviction for the commission of any felony offense [defined in RSA 651-C:1, VIII or IX], or conviction for the commission of a similar felony offense prohibited by federal law or the laws of another state, whether on probation, conditional or unconditional release, completion of sentence, or release for any other reason, or prior to the release of any juvenile offender after a finding of delinquency, such person shall have a DNA sample taken for DNA analysis to determine identification characteristics specific to the person.
2 DNA Testing of Criminal Offenders; Applicability. Amend RSA 651-C:7 to read as follows:
651-C:7 Applicability.
I. The provisions of this chapter shall apply to those persons convicted of a [violent crime, as defined in RSA 651-C:1, IX,] felony offense on or after July 1, 2003, and to persons incarcerated in a state or county correctional facility, or on probation or parole, for a [violent crime as defined in RSA 651-C:1, IX,] felony offense on or after July 1, 2003.
II. The provisions of this chapter shall apply to those persons convicted of a [sexual offense, as defined in RSA 651-C:1, VIII,] felony offense on or after August 2, 1996, and to persons incarcerated in a state or county correctional facility for a [sexual offense as defined in RSA 651-C:1, VIII,] felony offense on or after August 2, 1996.
3 Repeal. RSA 651-C:1, VIII-IX, relative to the definitions of “sexual offender” and “violent crime” are repealed.
4 Effective Date. This act shall take effect January 1, 2010.
LBAO
09-0066
01/14/09
HB 523-FN - FISCAL NOTE
AN ACT requiring DNA testing of all persons convicted of a felony.
FISCAL IMPACT:
The Department of Safety states this bill will increase state general fund expenditures by $87,945 in FY 2010, $44,467 in FY 2011, $45,764 in FY 2012 and $47,140 in FY 2013 and increase highway fund expenditures by $205,205 in FY 2010, $103,756 in FY 2011, $106,784 in FY 2012 and $109,993 in FY 2013. The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill may increase state general fund expenditures and county expenditures by an indeterminable amount in FY 2010 and each year thereafter. There is no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Safety states this bill requires DNA testing of any person convicted of committing a felony offense. The Department states this bill would require 5,500 current paroled and imprisoned felons, whose DNA has not been collected, to be tested in FY 2010. The Department states there are an average of 1,500 new felons each year that will require DNA testing in FY 2010 and each year thereafter. The current cost of DNA analysis kits are $15,650 per 1,000 samples for DNA analysis kits and $11,000 per 2,000 samples for Combined DNA Index System (CODIS) collection kits. The Department currently has adequate CODIS collection kits and consumable supplies to test approximately 1,500 felons in FY 2010 leaving approximately 5,500 CODIS collection kits and consumable supplies necessary to be purchased in FY 2010. The Department would need to add a criminalist II position and purchase a genetic analyzing machine due to the increased workload associated with the testing. The Department states 70% of expenditures would be highway fund and 30% would be general fund.
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01/14/09
FY 2010 |
FY 2011 |
FY 2012 |
FY 2013 | |
Criminalist II Salary (LG 24) |
$27,301 |
$55,815 |
$58,294 |
$60,884 |
Benefits |
$18,799 |
$25,683 |
$27,529 |
$29,524 |
Training/Professional Tests |
$2,500 |
$2,500 |
$2,500 |
$2,500 |
ABI 3130 Genetic Analyzer |
$85,000 |
$25,000 |
$25,000 |
$25,000 |
DNA Analysis Kits |
$109,550 |
$23,475 |
$23,475 |
$23,475 |
CODIS DNA Collection Kits |
$30,000 |
$8,250 |
$8,250 |
$8,250 |
Consumable Supplies |
$20,000 |
$7,500 |
$7,500 |
$7,500 |
Total Expenditures |
$293,150 |
$148,223 |
$152,548 |
$157,133 |
Highway Fund Expenditures (70%) |
$205,205 |
$103,756 |
$106,784 |
$109,993 |
General Fund Expenditures (30%) |
$87,945 |
$44,467 |
$45,764 |
$47,140 |
(1) The Department has some CODIS collection kits and consumable supplies in stock, and would only need to purchase $30,000 worth of kits and $20,000 worth of consumable supplies in FY 2010.
The Judicial Branch states this bill increases the number of potential criminal offenses for violations of RSA 651-C:4, specifically related to the unauthorized dissemination or use of DNA database information or the obtaining of DNA samples without authority may have a fiscal impact on the Branch. The increased number of cases in which a court could order offenders to pay the cost of the testing may result in a fiscal impact as well. The Branch states the cost of a class A misdemeanor case in the district court is $51.14 in FY 2010 and each year thereafter; a class B misdemeanor case in the district court is $36.89 in FY 2010 and each year thereafter; and 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 Branch states its statistics show that through FY 2007, no charges have been brought for a violation of RSA 651-C:4. The Branch states this bill may increase general fund expenditures by an indeterminable amount in FY 2010 and each year thereafter.
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, $756.24 per felony, or $2,282.50 for sexual assault charges 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 and $4,100 for a felony charge. The Council also
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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. 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. Due to this bill’s increased penalty for a felony, each case will require more time to defend. This would decrease the quantity of cases the contract attorney’s could defend and increase the amount of cases public defenders could defend, which would consequently increase cost by an indeterminable amount in FY 2010 and each year thereafter given the above stated costs.
The Department of Corrections states it is currently receiving DNA collection kits from the Department of Safety, Division of State Police. The Department assumes that the Department of Safety would continue to provide materials needed to collect DNA samples and therefore this bill will have no fiscal impact to the Department.
The New Hampshire Association of Counties states this bill will increase the number of felony offenders whose DNA is collected at the county correctional facilities. This will increase county expenditures by an indeterminable amount in FY 2010 and each year thereafter.
This bill does not contain an appropriation or establish positions.