HB 1515-FN – AS AMENDED BY THE HOUSE
03Mar2010… 0588h
2010 SESSION
08/04
HOUSE BILL 1515-FN
AN ACT relative to the crime of official oppression.
SPONSORS: Rep. Itse, Rock 9; Rep. Dumaine, Rock 3; Rep. Ingbretson, Graf 5; Rep. Foster, Hills 4
COMMITTEE: Criminal Justice and Public Safety
This bill makes certain official oppression offenses class B misdemeanors and violations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Mar2010… 0588h
10-2107
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the crime of official oppression.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Official Oppression. Amend RSA 643:1 to read as follows:
643:1 Official Oppression.
I. A public servant, as defined in RSA 640:2, II, is guilty of a class B misdemeanor if, with a purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed on him by law or clearly inherent in the nature of his office.
II. A public servant, as defined in RSA 640:2, II, is guilty of a violation if, without purpose to benefit himself or another or to harm another, he knowingly commits an unauthorized act which purports to be an act of his office; or knowingly refrains from performing a duty imposed upon him by law or clearly inherent in the nature of his office.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2107
Amended 03/09/10
HB 1515 FISCAL NOTE
AN ACT relative to the crime of official oppression.
FISCAL IMPACT:
The Judicial Branch and New Hampshire Association of Counties state this bill, as amended by the House (Amendment #2010-0588h), will increase state and local expenditures by indeterminable amount in FY 2011 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 643:1 to redefine official oppression. RSA 643:1, I makes official oppression a class B misdemeanor and RSA 643:1, II makes it a violation if the pubic servant acted without the purpose to benefit him or herself or another or to harm another. The Branch states the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The Branch estimates it would take 272 additional class B misdemeanor cases to have a fiscal impact in excess of $10,000 each year. The cost to the Branch for an average violation is $35.75 per violation in fiscal year 2011 and each year thereafter. The Branch states it would take 280 additional violation offenses to have a fiscal impact in excess of $10,000. However, the possibility of appeals reduces the number of cases needed for a fiscal impact to the Branch in excess of $10,000. The Branch states for the period from 1999 through June 30, 2008 there were only 13 charges brought in the district courts for violations of RSA 643:1.
The New Hampshire Association of Counties states a class B misdemeanor does not result in incarceration therefore no increase in county expenditures for corrections costs. The Association cannot determine the extent to which violations of law would occur and the impact on county attorneys’ offices expenditures.
The Judicial Council states this bill will have no fiscal impact on the Council as class B misdemeanors have no right to counsel.