HB153 (2017) Detail

Requiring a manslaughter charge for heroin and fentanyl dealers when the user dies.


HB 153-FN - AS INTRODUCED

 

 

2017 SESSION

17-0006

04/01

 

HOUSE BILL 153-FN

 

AN ACT requiring a manslaughter charge for heroin and fentanyl dealers when the user dies.

 

SPONSORS: Rep. Elliott, Rock. 8; Rep. Azarian, Rock. 8

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes a criminal penalty for causing the death of another person by providing heroin or fentanyl to such person.  

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0006

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT requiring a manslaughter charge for heroin and fentanyl dealers when the user dies.

 

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

 

1  Manslaughter.  Amend RSA 630:2, I to read as follows:

I.  A person is guilty of manslaughter when he or she causes the death of another:

(a)  Under the influence of extreme mental or emotional disturbance caused by extreme provocation but which would otherwise constitute murder; or

(b)  Recklessly; or

(c)  Without intent to cause the death of another, by directly or indirectly, unlawfully selling, providing, bartering, delivering, exchanging, distributing, or administering to such person heroin or its analog, or any fentanyl-class drug as defined in RSA 318-B:1, XI-a.

2  Effective Date.  This act shall take effect January 1, 2018.

 

LBAO

17-0006

12/19/16

 

HB 153-FN- FISCAL NOTE

as introduced

 

AN ACT requiring a manslaughter charge for heroin and fentanyl dealers when the user dies.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill contains a penalty 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 change contained in this bill to determine the fiscal impact on expenditures.  However, the entities impacted have provided the potential costs associated with the penalty below.

 

Judicial Branch

FY 2018

FY 2019

Complex Criminal Felony Case

$882

$888

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2018 and FY 2019 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.

Homicide (Including capital cases)

$100/Hour up to $20,000

$100/Hour up to $20,000

 

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%).

 

* The Council’s budget request for the FY 2018-19 biennium includes an increase to $300 per case for contract attorney misdemeanor cases.

Department of Corrections

 

 

FY 2016 Average Cost of Incarcerating an Individual

$35,832

$35,832

FY 2016 Average Cost of Supervising an Individual on Parole/Probation

$573

$573

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 does not anticipate this bill will result in increased prosecutorial responsibility or have an impact on its operating budget.  The Department states it  currently prosecutes such cases under RSA 318-B:26, IX, which provides for a sentence of up to life imprisonment.  The Department indicates that the addition of the proposed language would provide an alternative theory by which to charge someone but is not likely to increase its  prosecutorial workload.   

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties

 

 

Links

HB153 at GenCourtMobile

Action Dates

Date Body Type
Jan. 11, 2017 House Hearing
Jan. 17, 2017 House Exec Session
Jan. 26, 2017 House Floor Vote

Bill Text Revisions

HB153 Revision: 721 Date: Jan. 30, 2017, 3:10 p.m.

Docket

Date Status
Jan. 4, 2017 Introduced 01/04/2017 and referred to Criminal Justice and Public Safety HJ 2 P. 18
Jan. 11, 2017 Public Hearing: 01/11/2017 01:00 PM LOB 204
Jan. 17, 2017 Executive Session: 01/17/2017 01:00 PM LOB 204
Jan. 26, 2017 Committee Report: Inexpedient to Legislate for 01/26/2017 (Vote 20-0; CC) HC 8 P. 3
Jan. 26, 2017 Inexpedient to Legislate: MA VV 01/26/2017 HJ 4 P. 3