HB1607 (2016) Detail

Relative to entering dismissals of cases by nolle prosequi.


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HB 1607-FN - AS INTRODUCED

 

2016 SESSION

\t16-2273

\t09/05

 

HOUSE BILL\t1607-FN

 

AN ACT\trelative to entering dismissals of cases by nolle prosequi.

 

SPONSORS:\tRep. Brewster, Merr. 21

 

COMMITTEE:\tJudiciary

 

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ANALYSIS

 

\tThis bill requires the attorney general to issue a written report evaluating the evidence to the parties to a case at least 5 business days before the state or a county attorney enters a dismissal of such case by nolle prosequi.

 

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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2273

\t09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to entering dismissals of cases by nolle prosequi.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Duties of Attorney General.  Amend RSA 7:6 to read as follows:

\t7:6  Powers and Duties as State's Attorney.

\t\tI.  The attorney general shall act as attorney for the state in all criminal and civil cases in the supreme court in which the state is interested, and in the prosecution of persons accused of crimes punishable with death or imprisonment for life.  The attorney general shall have and exercise general supervision of the criminal cases pending before the supreme and superior courts of the state, and with the aid of the county attorneys, the attorney general shall enforce the criminal laws of the state.  The attorney general shall have the power to collect uncollected debts owed to the state as set forth in RSA 7:15-a.

\t\tII.  At least 5 business days before the state or a county attorney enters a dismissal of a case by nolle prosequi, the attorney general shall issue a written report evaluating the evidence to the parties to the case.

\t2  Effective Date.  This act shall take effect January 1, 2017.

 

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\t\t\t\t\t\t\t\t\t\t\t16-2273

\t\t\t\t\t\t\t\t\t\t\t12/11/15

 

HB 1607-FN- FISCAL NOTE

 

AN ACT\trelative to entering dismissals of cases by nolle prosequi.

 

FISCAL IMPACT:

The Department of Justice and New Hampshire Association of Counties state this bill, as introduced, will increase state and county expenditures by an indeterminable amount in FY 2017 and in each year thereafter.  There will be no impact on state, county, and local revenue or on local expenditures.  

 

METHODOLOGY:

The Department of Justice states this bill would require that for any criminal case that is going to be nol prossed, the Department must issue a report to the prosecutor and the defendant evaluating the evidence.  The report must be issued 5 business days prior to the case being nol prossed.  The Department states the bill would have a substantial but indeterminable fiscal impact on the Department.  The Department indicates the vast majority of criminal charges that are nol prossed are handled by local or county prosecutors.  The Department assumes the proposed evaluation would be conducted by prosecutors, and would involve a review of the investigate file for each charge or case being nol prossed, an analysis of the evidence, and issuance of a written report.  The Department requested from the Administrative Office of the Courts the number of cases that were nolle prossed in the past two years; however that information is not available.  Without the number of cases, the Department is not able to predict how many reviews it would have to conduct or the number of additional attorney positions required to complete the reviews.

 

The New Hampshire Association of Counties states this bill will have an indeterminable fiscal impact on county expenditures.  The Association states each day there are dozens of cases dismissed by nolle prosequi across the state in the circuit and superior courts.  The Association indicates additional appropriations would be needed at the county and state levels.

 

The Judicial Branch states the proposed bill puts no burden on, and would have no fiscal impact on the Branch.

 

The New Hampshire Municipal Association states this bill requires the Attorney General to issue a written report prior to dismissal of a case by nolle prosequi.  The Association indicates the bill would not impact local revenue or expenditures.