HB 1586-FN - AS AMENDED BY THE HOUSE
9Mar2016... 0603h
2016 SESSION
\t16-2210
\t08/04
HOUSE BILL\t1586-FN
AN ACT\tprohibiting the impersonation of an emergency medical technician or firefighter.
SPONSORS:\tRep. Proulx, Hills. 44
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill makes it a felony to impersonate an emergency medical technician or a firefighter.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0603h\t16-2210
\t08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tprohibiting the impersonation of an emergency medical technician or firefighter.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Penalty; Impersonation of a Firefighter. Amend RSA 154:9 to read as follows:
\t154:9 Penalty.
\t\tI. If any person present at a fire, emergency or service call, at or to which the fire department is responding shall refuse or neglect to obey the commands of any member who is recognized as, or should have been recognized as, a member of the fire department, or shall unlawfully assume the office or badge of office of a fire chief, fire officer or firefighter, such person shall be guilty of a violation.
\t\tII. Any person who knowingly and falsely assumes or exercises the functions, powers, duties, or privileges incident to the position of firefighter of any city, town, or private fire department, or any other firefighter or fire investigator employed by any state, county, or political subdivision of a state or county, or who wears or displays without authority any uniform, badge, or other identification by which such firefighter or investigator is lawfully identified, and with the intent to be recognized as such, shall be guilty of a class B felony. This paragraph shall not apply to a retired firefighter who wears apparel with his or her former station's insignia upon it.
\t2 New Section; Emergency Medical Technician; False Personation. Amend RSA 153-A by inserting after section 21 the following new section:
\t153-A:21-a Emergency Medical Technicians and Paramedics; False Personation. Any person who knowingly and falsely assumes or exercises the functions, powers, duties, or privileges incident to the position of emergency medical technician or paramedic of any city, town, or private entity, or any emergency medical technician or paramedic employed by any state, county, or political subdivision of a state or county, or who wears or displays without authority any uniform, badge, or other identification by which such emergency medical technician or paramedic is lawfully identified, and with the intent to be recognized as such, shall be guilty of a class B felony.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2210
\t\t\t\t\t\t\t\t\t\t\tAmended 3/16/16
HB 1586-FN- FISCAL NOTE
AN ACT\tprohibiting the impersonation of an emergency medical technician or firefighter.
FISCAL IMPACT:
The Judicial Branch, Department of Corrections, Judicial Council, and New Hampshire Association of Counties state this bill, as amended by the House (Amendment #2016-0603h), may increase state general fund and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There is no impact on local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Branch, Department of Corrections, Judicial Council, and New Hampshire Association of Counties state this bill would amend RSA 154:9 and RSA 153-A:21-a making it a class B felony to impersonate a firefighter, a medical technician or a paramedic. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the LBA with potential costs associated with the penalties contained in this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Class B Felony | $449 | $470 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Judicial Council |
|
|
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $756/Case | $756/Case |
Assigned Counsel – Felony | $60/Hour up to $4,000 | $60/Hour up to $4,000 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
|
|
FY 2015 Average Cost of Incarcerating an Individual | $34,336 | $34,336 |
FY 2015 Average Cost of Supervising an Individual on Parole/Probation | $520 | $520 |
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Department of Justice states this type of class B felony offense is typically prosecuted by county prosecutors, therefore this bill will have no fiscal impact on state expenditures. The Department would handle appeals from any convictions for such offense within their budget.