Revision: March 8, 2016, midnight
\t \t\tHB 1215-FN-A - AS INTRODUCED
2016 SESSION
\t16-2095
\t09/04
HOUSE BILL\t1215-FN-A
AN ACT\tchanging the allocation of penalty assessment funds, establishing a compensation fund for victims of crimes against the person, and continually appropriating a percentage of penalty assessments to such fund.
SPONSORS:\tRep. Brewster, Merr. 21
COMMITTEE:\tFinance
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ANALYSIS
\tThis bill establishes a compensation fund for victims of crimes against the person. The bill redesignates the percentage of penalty assessments currently designated for the police standards and training council training fund to the compensation fund for victims of crimes against the person.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2095
\t09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tchanging the allocation of penalty assessment funds, establishing a compensation fund for victims of crimes against the person, and continually appropriating a percentage of penalty assessments to such fund.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Compensation Fund for Victims of Crimes Against the Person. Amend RSA 21-M by inserting after section 8-m the following new section:
\t21-M:8-n Compensation Fund for Victims of Crimes Against the Person. There is hereby established a special fund to be known as the compensation fund for victims of crimes against the person. The fund shall consist of moneys received under RSA 188-F:31, IV, other moneys as may be appropriated, and federal and other non-state source grants or funds received for the purpose of this section. The fund shall be administered by the attorney general, nonlapsing, and continually appropriated for the purpose of compensating victims of fraud and other crimes against the person.
\t2 Penalty Assessment. Amend RSA 188-F:31, IV to read as follows:
\t\tIV. The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs I-III to the state treasurer for deposit in the following funds. The state treasurer shall deposit [66.66 percent of the amount collected in the police standards and training council training fund,] 16.67 percent of the amount collected in the victims’ assistance fund, 66.66 percent of the amount collected in the compensation fund for victims of crimes against the person, and 16.67 percent of the amount collected in the judicial branch information technology fund.
\t3 Waiver in Lieu of Court Appearance. Amend RSA 262:44, I to read as follows:
\t\tI. Such defendant shall receive, in addition to the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles'' which shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of the division of motor vehicles within 30 days of the date of the summons. The director of the division of motor vehicles may accept payment of the fine by credit card in lieu of cash payment. Any transaction costs assessed by the issuer of the credit card shall be paid out of the portion of the fine amount which is credited as agency income and not out of the penalty assessment charged by the district court. The director of the division of motor vehicles shall remit the penalty assessments collected to [the police standards and training council for deposit in the police standards and training council training fund and] to the state treasurer to be credited and continually appropriated to the victims' assistance fund, the compensation fund for victims of crimes against the person, and the judicial branch information technology fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the state treasurer, and shall be credited as agency income by the department of safety within 14 days of their receipt and shall not lapse to the general fund until the second year of each biennium.
\t4 New Subparagraph; Compensation Fund for Victims of Nonviolent Crimes. Amend RSA 6:12, I(b) by inserting after subparagraph (331) the following new subparagraph:
\t\t\t\t(332) Moneys deposited in the compensation fund for victims of crimes against the person pursuant to RSA 21-M:8-n and RSA 188-F:31.
\t5 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2095
\t\t\t\t\t\t\t\t\t\t\t11/12/15
1215-FN-A - FISCAL NOTE
AN ACT\tchanging the allocation of penalty assessment funds, establishing a compensation fund for victims of crimes against the person, and continually appropriating a percentage of penalty assessments to such fund.
FISCAL IMPACT:
The New Hampshire Police Standards and Training Council and the Department of Justice state this bill, as introduced, will have an indeterminable fiscal impact on state expenditures in FY 2017 and in each year thereafter. There will be no fiscal impact on state revenue or on county or local revenue or expenditures.
METHODOLOGY:
The New Hampshire Police Standards and Training Council states this bill would remove all revenue to the Council from penalty assessment collections. The Council indicates the penalty assessment revenue varies from year to year, but has declined over the past three years by an average of 3.63 percent per year. The Council states the penalty assessment makes up 98 percent of its revenue and assumes it will continue to decline as it has in the previous three fiscal years. The Council has no other revenue source and states elimination of the penalty assessment revenue would cause it to cease training and certifying police and corrections officers and close. The Council indicates current law does not permit the Council to charge local or county agencies for operations, and the Council would not be able to compensate for the lost revenue. The Council assumes any remaining cost burdens would shift to the general fund.
The Department of Justice states this bill would create a compensation fund for victims of crimes against the person, which would be funded by penalty assessment monies and administered by the Department of Justice. The Department currently administers the victim’s compensation fund in which compensation is awarded by the five member victims’ assistance commission. In 2014, the Commission received 413 applications for compensation. Assuming the compensation from the proposed fund would be awarded through the same process, and assuming the total number of claims would double with the new fund, the Department estimates it would need additional staff consisting of one full-time Program Specialist I, one full-time Program Assistant II, and one part-time Program Assistant II. The Department assumes, if the new Commission is authorized to promulgate rules regarding the process for handling claims and awarding compensation, the Department would provide the legal assistance. The Department anticipates this assistance would require 30 hours of an attorney’s time. The Department does not have information on the number of claims, the new Commission’s potential costs including travel reimbursement, or the amount of penalty assessment revenue generated, but has estimated the minimum position costs as follows:
\t\t\t\t\tFY 2017\tFY 2018\tFY 2019\tFY 2020
Program Specialist I\t\t$68,000\t$67,000\t$71,000\t$74,000
Program Assistant II\t\t$61,000\t$60,000\t$63,000\t$66,000
Part-time Program Assistant II \t$32,000\t$29,000\t$30,000\t$31,000
Total:\t\t $161,000 $156,000 $164,000 $171,000