Revision: Nov. 3, 2017, 12:20 p.m.
HB 1420-FN - AS INTRODUCED
2018 SESSION
18-2250
03/10
HOUSE BILL 1420-FN
AN ACT relative to a criminal penalty for driving after certification as an habitual offender.
SPONSORS: Rep. Cushing, Rock. 21; Rep. Welch, Rock. 13; Rep. Pantelakos, Rock. 25; Sen. Reagan, Dist 17
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill reinstates the misdemeanor offense for driving after certification as an habitual offender.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2250
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to a criminal penalty for driving after certification as an habitual offender.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Habitual Offender; Penalty. Amend RSA 262:23, III to read as follows:
III. Notwithstanding paragraph I, any person who qualifies under RSA 259:39 whose certification was not based on any conviction under RSA 265-A:2, I or any misdemeanor or felony motor vehicle conviction pursuant to RSA title XXI, and who has not been convicted of any such offense, or any reasonably similar offense in any jurisdiction within the United States and Canada, since the date of the certification shall be guilty of a class A misdemeanor and may be sentenced to one year or less. Any person incarcerated on June 8, 1992, pursuant to certification as an habitual offender under RSA 259:39, who does not have a conviction under RSA 265-A:2, I involving a vehicle or any misdemeanor or felony motor vehicle convictions pursuant to RSA title XXI, may apply immediately to the superior court for sentence review and reduction.
2 Effective Date. This act shall take effect January 1, 2019.
18-2250
10/30/17
HB 1420-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to a criminal penalty for driving after certification as an habitual offender.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
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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METHODOLOGY:
This bill would amend RSA 262:23, III, to make it a class A misdemeanor for a motor vehicle habitual offender to drive after certification as an habitual offender. 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 Judicial Branch has provided the following information on the average cost of processing such cases in trial court:
| FY 2019 | FY 2020 |
Class A Misdemeanor | $72 | $73 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 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. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
There will be no impact on the budget of the Judicial Council or any impact on county and local revenues or expenditures.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, and New Hampshire Association of Counties