Revision: Dec. 10, 2009, midnight
HB 1515-FN – AS INTRODUCED
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 oppression offenses class A and class B misdemeanors.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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 A 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 class B misdemeanor 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
11/23/09
HB 1515-FN - FISCAL NOTE
AN ACT relative to the crime of official oppression.
FISCAL IMPACT:
The Judicial Branch, 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 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 A misdemeanor and RSA 643:1, II makes it a class B misdemeanor 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 an unspecified misdemeanor handled as a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The cost of a class A misdemeanor is $51.14 in FY 2011 and each year thereafter. The increased cost from an unspecified misdemeanor handled as a class B misdemeanor to a class A misdemeanor is $14.25. The Branch states it would take 702 charges annually where a class B misdemeanor is now charged as a class A misdemeanor. 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 prosecutions brought pursuant to RSA 643:1, II will be a class B misdemeanor. 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. However, the possibility of appeals reduces the number of cases needed for a fiscal impact to the Branch 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, 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. 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 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 $35,342 a year.