Revision: Dec. 14, 2015, midnight
\t \t\tHB 1598-FN - AS INTRODUCED
2016 SESSION
\t16-2348
\t03/04
HOUSE BILL\t1598-FN
AN ACT\trelative to the penalty for driving while intoxicated, third or subsequent offense.
SPONSORS:\tRep. Estevez, Hills. 37; Rep. Manning, Rock. 8; Rep. Doucette, Rock. 8; Rep. Marston, Hills. 19
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill requires the indefinite revocation of the driver's license of any person convicted of a third driving while intoxicated offense.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2348
\t03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the penalty for driving while intoxicated, third or subsequent offense.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Penalties for Intoxication or Under Influence of Drugs Offenses; License Revocation. Amend RSA 265-A:18, IV(b)-(d) to read as follows:
\t\t\t(b) For a third offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraph (a) except that:
\t\t\t\t(1) The person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not [be restored for at least 5 years] be eligible to reapply for a driver's license. [At the end of the 5-year minimum revocation period the person may petition the court for eligibility to reapply for a driver's license and the court, for good cause shown, may grant such eligibility subject to such terms and conditions as the court may prescribe. Any untimely petition under this subparagraph shall be dismissed without a hearing. If such petition is granted and the person is otherwise eligible for license restoration, the person may then apply to the director for restoration of driver's license, but the license shall not be restored until all requirements under law are met. The person's driver's license or privilege to drive shall not be restored by the department until the person shall have completed the service plan developed by the IDCMP, and paid all relevant fees.]
\t\t\t\t(2) The person shall be sentenced to a mandatory sentence of not less than 180 consecutive days of which 150 shall be suspended. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. A condition of the suspension shall be that upon release from serving the 30 days in the county correctional facility, the person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. Any portion of the suspended sentence to the county correctional facility may be imposed if the defendant does not comply with all of the requirements of this subparagraph or becomes noncompliant with the service plan during the suspension period. The remainder of the sentence may be deferred for a period of up to 2 years. The court may, at the satisfactory completion of any required treatment, suspend any remaining deferred sentence.
\t\t\t(c) For a fourth or subsequent offense, any person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony[, and the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 7 years].
\t\t\t(d) For a third or subsequent offense when any prior offense under this paragraph is negligent homicide under RSA 630:3, II, or reasonably equivalent offense in an out-of-state jurisdiction, the person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) [except that the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 10 years].
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2348
\t\t\t\t\t\t\t\t\t\t\t12/7/15
HB 1598-FN- FISCAL NOTE
AN ACT\trelative to the penalty for driving while intoxicated, third or subsequent offense.
FISCAL IMPACT:
The Department of Safety states this bill, as introduced, may have an indeterminable impact on state restricted revenue and local revenue in FY 2017 and each year thereafter and may increase state restricted expenditures in FY 2017. There will be no impact on county revenues and expenditures or local expenditures.
METHODOLOGY:
The Department of Safety states this bill requires the indefinite revocation of the driver’s license of any individual convicted of a third driving while intoxicated offense. The Department states highway fund revenue may decrease as a result of a reduction in the collection of license restoration fees as the revocation period would be indefinite under this bill. Also, the Department states highway fund revenue may increase as a result of an increase in hardship registrations for those seeking to maintain their license privilege during the revocation period. Ultimately, the Department cannot estimate a possible net impact to state revenues therefore cannot estimate the impact to local revenues and state highway fund expenditures associated with highway block grant pursuant to RSA 235:23, which requires 12 percent of total road toll revenue and motor vehicle fees to be distributed to cities and towns pursuant to the specified formula in the following year.
The Department states this change in license suspension period would require software modifications to be made, which may increase state expenditures by an indeterminable amount in FY 2017.