Revision: Feb. 19, 2010, midnight
HB 1665-FN – AS AMENDED BY THE HOUSE
17Feb2010… 0452h
2010 SESSION
04/01
HOUSE BILL 1665-FN
AN ACT relative to the penalty for carrying or selling certain weapons.
SPONSORS: Rep. Coffey, Merr 6; Rep. Eaton, Ches 2; Rep. Jasper, Hills 27; Rep. Welch, Rock 8; Rep. Winters, Hills 17; Sen. Letourneau, Dist 19
COMMITTEE: Criminal Justice and Public Safety
This bill amends the statute prohibiting the carrying or selling of a stiletto, switch knife, dagger, or dirk-knife.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17Feb2010… 0452h
10-2015
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the penalty for carrying or selling certain weapons.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Pistols and Revolvers; Carrying or Selling Weapons. Amend RSA 159:16 to read as follows:
159:16 Carrying or Selling Weapons. Whoever, except as provided by the laws of this state, sells, has in his possession with intent to sell, or carries on his person any [stiletto, switch knife,] blackjack, [dagger, dirk-knife,] slung shot, or metallic knuckles shall be guilty of a misdemeanor; and such weapon or articles so carried by him shall be confiscated to the use of the state.
2 Effective Date. This act shall take effect upon its passage.
LBAO
10-2015
12/18/09
HB 1665-FN - FISCAL NOTE
AN ACT relative to the penalty for using a stiletto, switch knife, dagger, or dirk-knife, in the commission of an offense.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections and 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 159:16 and RSA 159:19-a to remove the penalty for carrying or selling stilettos, switch knives, daggers and dirk-knives and making the criminal use of such weapons a misdemeanor if used with the intent to commit a misdemeanor level offense and a class B felony if used with the intent to commit a felony level offense. Misdemeanor charges can be either class A or class B with the presumption they will be class B in accordance with RSA 625:9,IV. However, the Branch has no information to estimate how many new misdemeanors would be brought as a result of this bill or if they would be class A or class B misdemeanors. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The Branch states the class B felony is considered a complex felony case with a cost of $661.17 per case in FY 2011 and each year thereafter. The Branch states there are approximately 100 charges annually for violations of RSA 159:16. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. If the misdemeanor charge is treated as a class B, there is no cost to the Council. If under RSA 625:9, VII the misdemeanor charge involves a right to counsel, then the Council would incur the usual misdemeanor expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor and $756.24 per felony 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 or $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract
LBAO
10-2015
12/18/09
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 Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2009 was $744. 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 $35,342 a year.