HB 572-FN – AS INTRODUCED
2011 SESSION
04/09
HOUSE BILL 572-FN
AN ACT relative to official oppression.
SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5; Rep. D. McGuire, Merr 8; Sen. Barnes, Jr., Dist 17
COMMITTEE: Criminal Justice and Public Safety
This bill revises the offense of official oppression by making it either a class B misdemeanor or a violation, depending on whether a public servant acted with a purpose to benefit oneself or another or to harm another.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0392
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to 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] oneself or another or to harm another, he or she knowingly commits an unauthorized act which purports to be an act of his or her office; or knowingly refrains from performing a duty imposed on him or her by law or clearly inherent in the nature of his or her office.
II. A public servant, as defined in RSA 640:2, II, is guilty of a violation if, without a purpose to benefit oneself or another or to harm another, he or she knowingly commits an unauthorized act which purports to be an act of his or her office; or knowingly refrains from performing a duty imposed upon him or her by law or clearly inherent in the nature of his or her office.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0392
01/04/11
HB 572-FN - FISCAL NOTE
AN ACT relative to official oppression.
FISCAL IMPACT:
The Judicial Branch states this bill may increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter. The New Hampshire Association of Counties states this bill may decrease county expenditures in FY 2012 and each year thereafter. There is no fiscal impact on local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill amends RSA 643:1, the offense of official oppression, to change the current offense from an unspecified misdemeanor to a class B misdemeanor. It also adds a new violation level offense for a public servant who knowingly commits an unauthorized act or refrains from performing a duty imposed on him or her, where the action or inaction is without purpose to benefit or harm anyone. The Branch states the change of the offense from an unspecified misdemeanor to a class B misdemeanor will have no fiscal impact on the Branch. The Branch states this bill could result in an increase in costs to the Branch by adding the violation offense. The Branch has no information to estimate how many cases will be brought but a review of FY 2005 through FY 2010 shows only 12 charges of official oppression have been brought to the district courts, therefore the Branch estimates this bill to have little fiscal impact. The Branch states a violation level offense is estimated to cost $42.27 per case in FY 2012 and $43.02 per case in FY 2013 and each year thereafter.
The New Hampshire Association of Counties states to the extent less individuals are incarcerated in county facilities; county expenditures may decrease by an indeterminable amount. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000.
The Judicial Council states the class B misdemeanor and the violation carry no right to counsel because there is no potential loss of liberty. As a result there is no fiscal impact on indigent defense expenditures.