Revision: Dec. 14, 2015, midnight
\t \t\tHB 1599-FN - AS INTRODUCED
2016 SESSION
\t16-2425
\t04/03
HOUSE BILL\t1599-FN
AN ACT\trelative to shining a laser pointing device at an aircraft or vessel, or at another person.
SPONSORS:\tRep. Weyler, Rock. 13; Rep. L. Turcotte, Straf. 4; Rep. A. Turcotte, Merr. 22; Rep. D. Brown, Graf. 16; Rep. Lachance, Hills. 8; Sen. Birdsell, Dist 19
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill establishes criminal penalties for offenses involving shining a laser pointing device at an aircraft or vessel, or at another 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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2425
\t04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to shining a laser pointing device at an aircraft or vessel, or at another person.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Assault and Related Offenses; Conduct Involving Laser Pointing Devices. Amend RSA 631:3-a to read as follows:
\t631:3-a Conduct Involving Laser Pointing Devices.
\t\tI. Any person who knowingly shines the beam of a laser pointing device at an occupied motor vehicle, vessel, aircraft, or window, or at a person shall be guilty of a [violation] misdemeanor and the laser pointing device shall be seized and forfeited upon conviction.
\t\tII. [Notwithstanding the provisions of paragraph I,] Any person who knowingly shines the beam of a laser pointing device at a law enforcement officer or law enforcement vehicle in such a manner that would cause a reasonable person to believe that a firearm is being pointed at him or her shall be guilty of a class A misdemeanor and the laser pointing device shall be seized and forfeited upon conviction.
\t\tII-a. Any person who purposely or knowingly shines the beam of a laser pointing device at an aircraft that is in flight or in the process of takeoff, landing, or taxiing shall be guilty of a class B felony and the device shall be seized and forfeited upon conviction.
\t\tIII. It shall be an affirmative defense under this section if the laser pointing device was used in an organized meeting or training class by the instructor or speaker. Nothing in this section shall be construed so as to limit the use of medical lasers by qualified medical personnel, or construction lasers used by construction personnel in the course of their work, or laser devices utilized by law enforcement personnel in the performance of their official duties.
\t2 New Paragraph; New Hampshire Aeronautics Act; Prohibitions. Amend RSA 422:28 by inserting after paragraph XIII the following new paragraph:
\t\tXIV. For any person to purposely or knowingly shine the beam of a laser pointing device at an aircraft that is in flight or in the process of takeoff, landing, or taxiing.
\t3 New Paragraph; New Hampshire Aeronautics Act; Penalties. Amend RSA 422:29 by inserting after paragraph VIII the following new paragraph:
\t\tIX. Any person who violates the provisions of RSA 422:28, XIV shall be guilty of a class B felony.
\t4 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2425
\t\t\t\t\t\t\t\t\t\t\t12/7/15
HB 1599-FN- FISCAL NOTE
AN ACT\trelative to shining a laser pointing device at an aircraft or vessel, or at another person.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems, specifically by establishing a class B felony for knowingly shining the beam of a laser pointing device at an aircraft in flight or in the process of takeoff, landing, or taxiing. 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 Office with potential costs associated with the penalties contained in this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Routine Criminal Felony Case | $449 | $470 |
Complex Criminal Felony Case | $869 | $895 |
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 $4,100 | $60/Hour up to $4,100 |
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 |
Many offenses are prosecuted by local and county prosecutors. In those instances where the Department of Justice has prosecutorial responsibility or is involved with appeals for a conviction related to the offense contained in this bill, the Department would absorb the cost within its existing budget. If the bill results in the Department needing to prosecute significantly more cases or be involved in significantly more appeals, then there may be an indeterminable increase in costs to the Department.