SB260 (2014) Detail

Permitting electronic signatures on criminal complaints for certain offenses.


SB 260-FN – VERSION ADOPTED BY BOTH BODIES

16Apr2014… 1216h

2014 SESSION

14-2692

04/01

SENATE BILL 260-FN

AN ACT permitting electronic signatures on criminal complaints for certain offenses.

SPONSORS: Sen. Boutin, Dist 16

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill authorizes the use of electronic signatures on criminal complaints.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16Apr2014… 1216h

14-2692

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT permitting electronic signatures on criminal complaints for certain offenses.

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

1 Proceedings in Criminal Cases; Complaints. Amend RSA 592-A:7, I to read as follows:

I.(a) Criminal proceedings before a circuit court shall be begun by complaint, signed and under oath, addressed to such court, briefly setting forth, by name or description, the party accused and the offense charged, provided that a complaint filed by a police officer, as defined in RSA 188-F:23, I, for a violation-level offense or a class B misdemeanor shall not require an oath. All complaints filed by a police officer shall include the officer’s signature and printed name and notice that making a false statement on the complaint may result in criminal prosecution.

(b) Any signature required under this section may be by means of electronic signature pursuant to RSA 294-E.

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

LBAO

14-2692

12/10/13

SB 260-FN - FISCAL NOTE

AN ACT permitting electronic signatures on criminal complaints for certain offenses.

FISCAL IMPACT:

      The Judicial Branch states this bill, as introduced, will decrease state expenditures by an indeterminable amount in FY 2014 and each year thereafter. There is no impact on county and local expenditures, or state, county and local revenue.

METHODOLOGY:

    The Judicial Branch states this bill amends RSA 592-A:7, I to allow electronic signatures on criminal and violation complaints. It also removes the requirement for an oath by a police officer in a class A misdemeanor, the only level of criminal offense for which the requirement exists. The changes in this bill are important parts to the NH e-court project which is designed to make the processing of all cases in the Branch electronic. The Branch states this project will result in savings in the clerical processing of criminal and violation charges. The Branch states approximately 135,000 criminal and violation charges are filed annually. The average clerical cost to process a criminal or violation charge is approximately $33.00. The Branch estimates the clerical processing cost to be approximately $4,455,000 (135,000 charges * $33.00) each year. The Branch does not have all the information necessary at this point in the development of the NH e-court project to determine the exact decrease in clerical processing costs in FY 2014 and each year thereafter.