Revision: Jan. 9, 2012, midnight
HB 1707-FN – AS INTRODUCED
2012 SESSION
03/05
HOUSE BILL 1707-FN
AN ACT relative to penalties for operation after revocation or suspension.
SPONSORS: Rep. Matt Quandt, Rock 13; Rep. Marshall Quandt, Rock 13; Rep. Copeland, Rock 13; Rep. Charron, Rock 7; Rep. Welch, Rock 8; Rep. M. McCarthy, Hills 21; Rep. Hopper, Hills 7; Rep. Shurtleff, Merr 10
COMMITTEE: Criminal Justice and Public Safety
This bill modifies the law that specifies enhanced penalties for driving after revocation or suspension for certain serious offenses by making those penalties apply when the revocation or suspension was for an equivalent offense in another jurisdiction. Those penalties would also apply to a person operating an OHRV or snowmobile.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2403
03/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to penalties for operation after revocation or suspension.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 OHRV Operation. Amend RSA 215-A: 29, XIX(b) to read as follows:
(b) Any person who violates this section by operating an OHRV in this state during the period of suspension or revocation of such person’s license or driving privilege for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, and RSA 630:3, II or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.
2 Snowmobile Operation. Amend RSA 215-C:49, XXI(b) to read as follows:
(b) Any person who violates this section by operating a snowmobile in this state during the period of suspension or revocation of such person’s license or driving privilege for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, and RSA 630:3, II or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.
3 Driving After Revocation or Suspension. Amend RSA 263:64, IV to read as follows:
IV. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, RSA 265:82, or RSA 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.
4 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2403
01/03/12
HB 1707-FN - FISCAL NOTE
AN ACT relative to penalties for operation after revocation or suspension.
FISCAL IMPACT:
The Department of Safety states this bill may increase state revenue by an indeterminable amount in FY 2013 and each year thereafter, and will increase state expenditures by $39,375 in FY 2013. The Fish and Game Department and New Hampshire Municipal Association state this bill may increase state and local revenue by an indeterminable amount in FY 2013 and each year thereafter. There will be no fiscal impact on county revenue, or county or local expenditures.
METHODOLOGY:
The Department of Safety states this bill modifies existing law, which applies enhanced penalties for driving after license revocation or suspension for certain serious offenses, to now apply those enhanced penalties when the suspension or revocation was issued in another jurisdiction or when that individual subject to license suspension or revocation is caught operating a snowmobile or OHRV. The Department states this bill may increase state revenue by an indeterminable amount due to its expansion of the application of enhanced penalties and any associated increase in fine and license restoration fee revenue. The Department also states highway fund expenditures will increase with the cost of certain computer system changes required by the bill’s penalty revisions. The Department assumes these are one-time costs and will be performed by an outside consultant for $39,375 (225 hours x $175 per hour consultant cost) in FY 2013.
The Fish and Game Department and the New Hampshire Municipal Association state this bill’s expansion of enhanced penalties may increase the associated state and local fine revenue by an indeterminable amount. However, both entities assume such an increase in revenue would be minimal.