SB 246-FN – VERSION ADOPTED BY BOTH BODIES
01/30/14 0168s
2014 SESSION
03/06
SENATE BILL 246-FN
AN ACT relative to penalties for speeding.
SPONSORS: Sen. Gilmour, Dist 12; Sen. Watters, Dist 4; Rep. Rhodes, Hills 30; Rep. T. Soucy, Hills 34; Rep. Chirichiello, Rock 6
This bill adds driving a vehicle at a speed of 100 miles per hour or greater to the specific acts constituting reckless driving.
This bill was requested by the department of safety.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/30/14 0168s
14-2667
03/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to penalties for speeding.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Reckless Driving; Minimum Penalty; Speeding. Amend RSA 265:79 to read as follows:
265:79 Reckless Driving; Minimum Penalty. Whoever upon any way drives a vehicle recklessly, or causes a vehicle to be driven recklessly, as defined in RSA 626:2, II(c), or so that the lives or safety of the public shall be endangered, or upon a bet, wager, or race, or who drives a vehicle for the purpose of making a record, or who drives a vehicle at a speed of 100 miles per hour or greater, and thereby violates any of the provisions of this title or any rules adopted by the director, shall be, notwithstanding the provisions of title LXII, guilty of a violation and fined not less than $500 plus penalty assessment for the first offense and $750 plus penalty assessment for the second offense nor more than $1,000 plus penalty assessment and his or her license or operating privilege shall be revoked for a period of 60 days for the first offense and from 60 days to one year for the second offense.
2 Effective Date. This act shall take effect 60 days after its passage.
LBAO
14-2667
12/09/13
SB 246-FN - FISCAL NOTE
AN ACT relative to penalties for speeding.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Safety, and New Hampshire Association of Counties state this bill, as introduced, may increase state revenue and expenditures and county expenditures by an indeterminable amount in FY 2014 and each year thereafter. There will be no fiscal impact on county and local revenue, or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill amends RSA 265:79-a to increase the penalty for speeding of 100 miles per hour or more from a violation level offense to an unspecified misdemeanor. The Branch does not have data available to make an estimate as to how many additional misdemeanor (A or B) prosecutions it may see as a result of this bill, but does have the following average costs per case in the District Division of the Circuit Court:
Case Type |
FY 2015 |
FY 2016 |
Average Violation |
$45.46 |
$46.45 |
Average Misdemeanor A |
$66.17 |
$67.64 |
Average Misdemeanor B |
$46.99 |
$48.02 |
The possibility for a case to be appealed increases the cost. All costs are estimated based on case weight information from the last needs assessment completed in 2005. Since the last needs assessment studies there have been changes to the judicial system, such as the formation of the circuit court, more self-represented litigants and how cases are processed, that may impact the costs associated with processing cases.
The Judicial Council states the change in penalty for speeding 100 miles per hour or more from a violation to an unspecified misdemeanor may increase state general fund expenditures by an indeterminable amount. The Council states unspecified misdemeanors are presumed to be class B unless prosecution files the charge as a class A. Class B misdemeanors do not carry a potential for incarceration and therefor do not trigger a right to counsel for the indegent accused. Only to the extent prosecution seeks class A misdemeanor charges there may be an impact on the Judicial Council’s budget. The majority of the cases (approximately 85%) would be handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). The public defender program is appropriated monies that it expends according to the terms of its contract with the Council, of which the proposed changes in this bill would not impact. The Council states the flat fee of $275 per misdemeanor by a 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 Department of Safety states this bill establishes a misdemeanor penalty for driving at a speed of 100 miles per hour or more. The Department states this will increase its expenditures by $28,125 in FY 2014 to make necessary system coding changes to reflect the law change. Also, the Department anticipates an increase in state revenue as restoration fees collected as more license and registration privileges may be impacted by the increased penalty.
The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties will have increased expenditures. The Association is unable to determine the number of individuals who may be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.
The Department of Justice states this bill will have no fiscal impact.