Revision: Jan. 27, 2017, 12:10 p.m.
HB 420-FN - AS INTRODUCED
2017 SESSION
17-0429
03/01
HOUSE BILL 420-FN
AN ACT relative to ignition interlock requirements in manslaughter cases involving alcohol.
SPONSORS: Rep. Steven Smith, Sull. 11; Rep. Sykes, Graf. 13; Rep. T. Walsh, Merr. 24
COMMITTEE: Criminal Justice and Public Safety
-----------------------------------------------------------------
This bill authorizes a court to require installation of an ignition interlock device as a condition of driver's license reinstatement for a person convicted of manslaughter involving alcohol.
This bill was requested by the department of safety.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0429
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to ignition interlock requirements in manslaughter cases involving alcohol.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Ignition Interlock Device Installation. Amend RSA 265-A:36-a to read as follows:
265-A:36-a Department of Safety Authority to Order Ignition Interlock Device Installation or Enhanced Technology Ignition Interlock Device. The commissioner of safety may require an administrative hearing prior to the restoration of the license or driving privilege of a person whose license or driving privilege was revoked or suspended as the result of a conviction of any offense under RSA 265-A:2, RSA 265-A:3, RSA 265:79-a where alcohol was involved, RSA 262:19, RSA 630:2, III, or RSA 630:3, II, and, upon a finding that the safety of the person and of other users of the highways would be enhanced thereby, may order the person, as a condition of restoration of his or her license or driving privilege, to install an ignition interlock device or enhanced technology ignition interlock device in any vehicle registered to that person or used by that person, for not less than 12 months nor more than 2 years, subject to the same conditions and prohibitions as if the interlock was ordered by a court under the provisions of this subdivision.
2 Violating Interlock Order. Amend RSA 265-A:38, I to read as follows:
I. Upon written notice, by affidavit, that any person has violated an order of the court or the commissioner with regard to the installation of an ignition interlock device after the period of revocation or suspension imposed in RSA 265-A:18, 265:79, 630:2, or 630:3, a hearing shall be scheduled within 14 business days of the notice. Pending the hearing and upon a finding of probable cause that a violation has occurred based upon the affidavit, the commissioner shall immediately suspend the defendant's privilege to drive a motor vehicle. After the hearing and upon a finding of violation by a preponderance of the evidence, the privilege to drive shall not be restored until the commissioner is satisfied that the person is in compliance with the order.
3 Manslaughter. Amend RSA 630:2, III to read as follows:
III. In addition to any other penalty imposed, if the death of another person resulted from the driving of a motor vehicle, the court may revoke the license or driving privilege of the convicted person indefinitely. In a case in which alcohol was involved, the court may also require that the convicted person shall not have a license to drive reinstated until after the division of motor vehicles receives certification of installation of an ignition interlock device as described in RSA 265-A:36, which shall remain in place for a period not to exceed 5 years.
4 Effective Date. This act shall take effect upon its passage.
17-0429
1/10/17
HB 420-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to ignition interlock requirements in manslaughter cases involving alcohol.
FISCAL IMPACT: [ X ] State [ ] 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 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
|
|
|
|
|
METHODOLOGY:
This bill would add a provision to the manslaughter statute that, if a manslaughter resulted from the driving of a motor vehicle in which alcohol was involved, the court may require installation of an interlock device before the defendant's drivers license is reinstated. The Judicial Branch expects any fiscal impact would be due to additional class A misdemeanors for circumvention of interlock devices. The Branch has no information on the number of additional prosecutions which may occur, but does have cost estimates. The cost of an average class A misdemeanor in the district division of the circuit court will be $71 in FY 2018 and $72 in FY 2019. These amounts do not consider the cost of any appeals. The average case cost estimates 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.
The Department of Safety does not expect the additional cases will increase the workload for the Division of Motor Vehicles or the Bureau of Hearings.
The New Hampshire Association of Counties determined the bill would not impact county revenue or expenditures.
AGENCIES CONTACTED:
The Judicial Branch, Department of Safety and New Hampshire Association of Counties