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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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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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 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 |
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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 | $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 |
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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 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
| Date | Body | Type |
|---|---|---|
| Jan. 24, 2017 | House | Hearing |
| Feb. 7, 2017 | House | Exec Session |
| Feb. 15, 2017 | House | Floor Vote |
March 22, 2018: Ought to Pass with Amendments 2018-1096s and 2018-1125s, MA, VV; OT3rdg; 03/22/2018; SJ 10
March 22, 2018: Sen. Bradley Floor Amendment # 2018-1125s, AA, VV; 03/22/2018; SJ 10
March 22, 2018: Committee Amendment # 2018-1096s, AA, VV; 03/22/2018; SJ 10
Feb. 15, 2017: Inexpedient to Legislate: MA RC 204-144 02/15/2017 HJ 7 P. 23
: Minority Committee Report: Ought to Pass
Feb. 15, 2017: Majority Committee Report: Inexpedient to Legislate for 02/15/2017 (Vote 9-7; RC) HC 11 P. 17
Feb. 7, 2017: Executive Session: 02/07/2017 10:00 AM LOB 204
Jan. 24, 2017: Public Hearing: 01/24/2017 10:00 AM LOB 204
Jan. 5, 2017: Introduced 01/05/2017 and referred to Criminal Justice and Public Safety HJ 3 P. 9