HB350 (2017) Detail

Prohibiting possession of a firearm at a polling place.


HB 350-FN - AS INTRODUCED

 

 

2017 SESSION

17-0146

03/09

 

HOUSE BILL 350-FN

 

AN ACT prohibiting possession of a firearm at a polling place.

 

SPONSORS: Rep. Burton, Straf. 6; Rep. Ward, Rock. 28; Rep. Nordgren, Graf. 12

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits possession of a firearm at a polling place during a federal, state, or municipal election.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0146

03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT prohibiting possession of a firearm at a polling place.

 

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

 

1  New Subdivision; Firearms Prohibited at Polling Places.  Amend RSA 159 by inserting after section 26 the following new subdivision:

Firearms Prohibited at Polling Places

159:27  Firearms Prohibited at Polling Places.

I.  No person shall knowingly carry a loaded or unloaded pistol, revolver, firearm, or other deadly weapon as defined in RSA 625:11, V, whether open or concealed, or whether licensed or unlicensed, upon the person or within any of the person's possessions owned or within the person's control at a polling place during a federal, state, or municipal election.

II.  Any person who violates the provisions of this section shall be guilty of a class B felony.

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

 

LBAO

17-0146

1/4/17

 

HB 350-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting possession of a firearm at a polling place.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] 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 prohibits the carrying of, or having in one’s control, a firearm or deadly weapon while at a polling place during an election.  A violation would constitute a class B felony.  Penalties may have an impact on the 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 agencies impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2018

FY 2019

Routine Criminal Felony Case

$451

$456

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

$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 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 states that such offenses are typically prosecuted by county prosecutors, so the Department does not anticipate any fiscal impact stemming from the creation of this offense.  Appeals from any conviction for such an offense would be handled by the Department within the current budget.

 

The Secretary of State’s Office indicates that the Office is not responsible for enforcing gun laws and as a result would not incur any expenditures.

 

The New Hampshire Municipal Association could not identify any effect on municipal revenues or expenditures.

 

AGENCIES CONTACTED:

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

 

 

Links

HB350 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 House Hearing
Feb. 7, 2017 House Exec Session
Feb. 15, 2017 House Floor Vote

Bill Text Revisions

HB350 Revision: 723 Date: Jan. 30, 2017, 10 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Criminal Justice and Public Safety HJ 3 P. 9
Jan. 24, 2017 Public Hearing: 01/24/2017 10:00 AM LOB 204
Feb. 7, 2017 Executive Session: 02/07/2017 10:00 AM LOB 204
Feb. 15, 2017 Majority Committee Report: Inexpedient to Legislate for 02/15/2017 (Vote 9-7; RC) HC 11 P. 17
Minority Committee Report: Ought to Pass
Feb. 15, 2017 Inexpedient to Legislate: MA RC 204-144 02/15/2017 HJ 7 P. 23
March 22, 2018 Committee Amendment # 2018-1096s, AA, VV; 03/22/2018; SJ 10
March 22, 2018 Sen. Bradley Floor Amendment # 2018-1125s, AA, VV; 03/22/2018; SJ 10
March 22, 2018 Ought to Pass with Amendments 2018-1096s and 2018-1125s, MA, VV; OT3rdg; 03/22/2018; SJ 10