Bill Text - HB138 (2012)

Relative to the cold case homicide unit.

Revision: May 31, 2012, midnight

HB 138-FN – VERSION ADOPTED BY BOTH BODIES

04/25/12 1760s

2011 SESSION

11-0192

04/09

HOUSE BILL 138-FN

AN ACT relative to the cold case homicide unit.

SPONSORS: Rep. Welch, Rock 8; Rep. Shurtleff, Merr 10; Rep. Shuler, Rock 11; Rep. Charron, Rock 7; Rep. Pantelakos, Rock 16; Sen. Merrill, Dist 21

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill repeals the session law inserted by HB 690-FN of the 2009 legislative session establishing the cold case homicide unit with a prospective repeal date of July 1, 2013, and establishes the cold case homicide unit and a nonlapsing cold case homicide unit fund within the department of justice.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/25/12 1760s

11-0192

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the cold case homicide unit.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Attorney General; Criminal Justice Bureau; Cold Case Homicide Unit. Amend RSA 21-M by inserting after section 8-l the following new section:

21-M:8-m Cold Case Homicide Unit.

I. The attorney general and the commissioner of the department of safety shall collaborate to establish a cold case homicide unit to work exclusively on unsolved murders in the state. The unit shall consist of such personnel from the division of state police and the department of justice as the commissioner of the department of safety and the attorney general shall determine. The commissioner and the attorney general, or their designees, shall develop procedures for the operation of the unit.

II. The departments of justice and safety shall jointly provide administrative support as may be necessary to the cold case unit.

III. There is established in the office of the state treasurer a nonlapsing fund to be known as the cold case homicide unit fund which shall be administered by the attorney general and which shall be kept distinct and separate from all other funds. All moneys in the cold case homicide unit fund shall be continually appropriated to the attorney general and may be expended for the purposes of this section. The treasurer shall deposit all grants, donations, or other funds received from any source pursuant to this section in the cold case homicide unit fund.

IV. The attorney general shall apply for, accept, and expend funds from federal, private, or any other source for the purposes of this section. Funding for the state police and department of justice personnel for the cold case unit established in paragraph I shall be contingent upon the receipt of grants or federal funds for such purpose, including but not limited to, funds received pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, 111th Cong. (2009).

V. The commissioner of the department of safety and the attorney general, or their designees, shall jointly issue a report on the activities and results of the cold case unit no later than December 1 of each year to the governor, the speaker of the house of representatives, the president of the senate, and the state librarian.

2 New Subparagraph; Application of Receipts; Cold Case Homicide Unit Fund. Amend RSA 6:12, I by inserting after subparagraph (304) the following new subparagraph:

(305) Moneys deposited in the cold case homicide unit fund established in RSA 21-M:8-m, III.

3 Repeal. 2009; 269, relative to the establishment of a cold case homicide unit, is repealed.

4 Effective Date. This act shall take effect 60 days after its passage.

LBAO

11-0192

01/07/11

HB 138-FN - FISCAL NOTE

AN ACT relative to the cold case homicide unit.

FISCAL IMPACT:

      The Department of Justice and the Department of Safety state this bill will increase state restricted expenditures by an indeterminable amount in FY 2013, $353,566 in FY 2014 and by $365,130 in FY 2015. There will be no fiscal impact on state, county and local revenues or county and local expenditures.

METHODOLOGY:

    This bill repeals the session law inserted by HB 690-FN of the 2009 legislative session establishing the cold case homicide unit with a prospective repeal date of July 1, 2013, and establishes the cold case homicide unit and a non-lapsing cold case homicide unit fund within the Department of Justice. The Department of Justice and the Department of Safety state the establishment of the cold case homicide unit as an ongoing entity would have no fiscal impact on state restricted expenditures in FY 2012 and through February of FY 2013 as the unit is currently funded for the period through an American Reinvestment and Recovery Act grant through February 28, 2013. However, the proposed legislation’s extension of the program beyond July 1, 2013 and establishment of a dedicated fund would increase state restricted expenditures in the remaining months of FY 2013 and subsequent fiscal years. The Department of Justice estimates the extension of the program would increase state restricted expenditures by an indeterminable amount in FY 2012, $353,566 in FY 2014, and $365,130 in FY 2015.

    The Departments also note that the proposed legislation is not specific as to the source of funding for the cold case homicide unit fund. Section IV of the bill indicates that funding for the unit can may be obtained from “state, federal, private, or any other source…” and also states funding “shall be contingent upon the receipt of grants or federal funds for such purpose, including but not limited to funds received pursuant to the American Recovery and Investment Act of 2009, Public Law 111-5, 111th Cong. (2009), or other such funds as may be appropriated by the general court.” This indicates that although the proposed legislation will increase state restricted expenditures, the increase in state restricted expenditures may be funded through an increase in state general fund expenditures in the event that federal or other funding can not be secured. The proposed legislation does not authorize any new positions or appropriate funds. The breakdown of projected program costs for FY 2012 through FY 2015 is as follows: