Revision: March 8, 2016, midnight
\t \t\tHB 1597-FN - AS INTRODUCED
2016 SESSION
\t16-2224
\t04/08
HOUSE BILL\t1597-FN
AN ACT\trelative to preservation of biological material in a criminal investigation for DNA testing.
SPONSORS:\tRep. Abramson, Rock. 20; Rep. Itse, Rock. 10
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill requires an investigating agency to preserve biological material obtained in connection with the investigation of a crime for as long as the person convicted remains in custody.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2224
\t04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to preservation of biological material in a criminal investigation for DNA testing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Preservation of Biological Material for DNA Testing. Amend RSA 651-D:3 to read as follows:
\t651-D:3 Preservation of Biological Material for DNA Testing.
\t\t[I.] The investigating agency shall preserve any biological material obtained in connection with a criminal or delinquency investigation or prosecution for 5 years from the date of conviction or adjudication, or as long as any person connected with that case or investigation remains in custody, whichever is longer.
\t\t[II. The investigating agency may, however, petition the court to destroy or otherwise dispose of biological material after 5 years even if a person connected with the case is still in custody. If the investigating agency petitions the court to destroy evidence before the person is released from custody, the investigating agency must serve a copy of the petition to destroy biological evidence on the person who remains in custody, any counsel of record, and the prosecuting agency. The investigating agency may destroy biological material 90 days after filing a petition, unless the investigating agency receives:
\t\t\t(a) A court order preventing the destruction of biological evidence; or
\t\t\t(b) A motion to preserve biological evidence on the grounds that the person in custody intends to file a petition for post-conviction DNA testing pursuant to RSA 651-D:2 within 180 days of the motion to preserve.]
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2224
\t\t\t\t\t\t\t\t\t\t\t12/7/15
HB 1597-FN- FISCAL NOTE
AN ACT\trelative to preservation of biological material in a criminal investigation for DNA testing.
FISCAL IMPACT:
The Department of Safety states this bill, as introduced, will increase state expenditures by $353,875 in FY 2017, $76,000 in FY 2018, $80,000 in FY 2019, and $83,000 in FY 2020 and may increase county and local expenditures in FY 2017 and each year thereafter. There will be no impact on state, county, and local revenues.
METHODOLOGY:
The Department of Safety states this bill requires an investigating agency to preserve biological material obtained in connection with the investigation of a crime for as long as the person convicted remains in custody. The Department states current warehouse facilities are at current maximum capacity with the current flow of evidence dispositions and therefore expects a new facility would need to be constructed and staffed to meet the requirements of this bill. The Department states a warehouse to store incoming evidence totaling thousands of various sized exhibits containing evidence for 15 homicides, 50 sexual assaults, 250 armed robberies, burglaries, and other crimes on an annual basis that the Department investigates would need to be constructed. The Department estimates a cost of $75 per square foot for a 45’ x 85’, two-story structure, would house approximately 10-15 years of evidence and cost $286,875 ($75 X 45’ X 85’) to construct and $10,000 per year thereafter for maintenance. Also, the Department states it would need to hire a criminal evidence technician to manage the new storage location at an estimated cost of $67,000 in FY 2017, $66,000 in FY 2018, $70,000 in FY 2019 and $73,000 in FY 2020. The total cost for the building and staff person is estimated to be $353,875 in FY 2017, $76,000 in FY 2018, $80,000 in FY 2019, and $83,000 in FY 2020.
This bill neither provides an appropriation nor authority for new personnel.
Additionally, to the extent this bill applies to local law enforcement agencies, local expenditures may increase to meet the bill’s requirements.