HB 1634-FN - AS INTRODUCED
2016 SESSION
\t16-2347
\t04/01
HOUSE BILL\t1634-FN
AN ACT\trelative to the penalty for possession, use, or sale of fentanyl.
SPONSORS:\tRep. Estevez, Hills. 37; Rep. Doucette, Rock. 8; Rep. Manning, Rock. 8; Rep. Marston, Hills. 19; Rep. Takesian, Hills. 37
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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ANALYSIS
\tThis bill adds fentanyl to the list of controlled drugs and controlled drug analogs penalized under the controlled drug act.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2347
\t04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the penalty for possession, use, or sale of fentanyl.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subparagraph; Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a) by inserting after subparagraph (4) the following new subparagraph:
\t\t\t\t(5) Ten grams or more of fentanyl or a mixture or substance containing fentanyl, including any adulterants or dilutants.
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2347
\t\t\t\t\t\t\t\t\t\t\t12/18/15
HB 1634-FN- FISCAL NOTE
AN ACT\trelative to the penalty for possession, use, or sale of fentanyl.
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. 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, 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 |
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. | ||
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, because this bill would only impact the potential sentence and not the manner in which the case is investigated or prosecuted, it would not have a fiscal impact on the Department.
The Judicial Council indicates this bill would have no impact on the Council’s expenditures. The Council assumes, because the unlawful possession, sale, manufacture and distribution of Fentanyl is currently a felony-level offense, this bill would not increase or decrease the number of instances in which someone is arrested for an offense related to Fentanyl, or affect the amount of effort or expense associated with defending these cases.