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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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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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 |
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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 |
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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 |
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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
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2017 | House | Hearing |
| Jan. 17, 2017 | House | Exec Session |
| Jan. 26, 2017 | House | Floor Vote |
Jan. 26, 2017: Inexpedient to Legislate: MA VV 01/26/2017 HJ 4 P. 3
Jan. 26, 2017: Committee Report: Inexpedient to Legislate for 01/26/2017 (Vote 20-0; CC) HC 8 P. 3
Jan. 17, 2017: Executive Session: 01/17/2017 01:00 PM LOB 204
Jan. 11, 2017: Public Hearing: 01/11/2017 01:00 PM LOB 204
Jan. 4, 2017: Introduced 01/04/2017 and referred to Criminal Justice and Public Safety HJ 2 P. 18