HB1477 (2018) Detail

Relative to annulment of arrests or convictions for possession of 3/4 of an ounce of marijuana, or less.


HB 1477-FN - AS AMENDED BY THE HOUSE

 

22Feb2018... 0239h

2018 SESSION

18-2442

04/03

 

HOUSE BILL 1477-FN

 

AN ACT relative to annulment of arrests or convictions for possession of 3/4 of an ounce of marijuana, or less.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Sapareto, Rock. 6; Rep. Welch, Rock. 13; Rep. Read, Rock. 17; Rep. Keane, Hills. 31; Rep. Frost, Straf. 16; Rep. Josephson, Graf. 11; Rep. DiLorenzo, Rock. 17; Sen. Feltes, Dist 15; Sen. Reagan, Dist 17; Sen. Woodburn, Dist 1; Sen. French, Dist 7; Sen. Lasky, Dist 13

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes a procedure for annulment of arrests or convictions for possession of 3/4 of an ounce or less of marijuana where the offense occurred before September 16, 2017.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Feb2018... 0239h 18-2442

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to annulment of arrests or convictions for possession of 3/4 of an ounce of marijuana, or less.

 

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

 

1  New Section; Annulment of Arrests and Convictions for Marijuana Possession.  Amend RSA 651 by inserting after section 5-a the following new section:

651:5-b  Annulment of Arrests and Convictions for Marijuana Possession.

I.  Any person who was arrested or convicted for knowingly or purposely obtaining, purchasing, transporting, or possessing, actually or constructively, or having under his or her control, 3/4 of an ounce of marijuana or less where the offense occurred before September 16, 2017 may, at any time, petition the court in which the person was convicted or arrested to annul the arrest record, court record, or both.  The petition shall state that the amount of marijuana was 3/4 of an ounce or less.  The petitioner shall furnish a copy of the petition to the office of the prosecutor of the underlying offense.  The prosecutor may object within 10 days of receiving a copy of the petition and request a hearing.  If the prosecutor does not object within 10 days, the court shall grant the petition for annulment.  If the prosecutor timely objects, the court shall hold a hearing.  In a hearing on the petition for annulment, the prosecutor shall be required to prove beyond a reasonable doubt that the petitioner knowingly or purposely obtained, purchased, transported, or possessed, actually or constructively, or had under his or her control, marijuana in an amount exceeding 3/4 of an ounce.  At the close of the hearing, the court shall grant the petition unless the prosecutor has proven that the amount of marijuana exceeded ¾ of an ounce.  If the petition is granted, and an order of annulment is entered, the provisions of RSA 651:5, X-XI shall apply to the petitioner.

II.  The department of safety shall charge the successful petitioner a fee of $100 for researching and correcting the criminal history record accordingly, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with RSA 651:5, II.  The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit the prosecutor to be heard regarding the interest of justice in regard to the petition.

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2442

Amended 2/26/18

 

HB 1477-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-0239h)

 

AN ACT relative to annulment of arrests or convictions for possession of 3/4 of an ounce of marijuana, or less.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

The proposed bill would add RSA 651:5-b to provide annulments of arrests and convictions for knowingly or purposely obtaining, purchasing, transporting or possessing ¾ of an ounce or less of marijuana where the offense occurred before September 16, 2017.

 

The Judicial Branch assumes there would be an increase in the number of annulment petitions, especially in the time immediately after the effective date on January 1, 2019.  The Branch cannot estimate the number of additional petitions, but does have information on the average cost to process such annulments.  Annulments can be brought in the district division of the circuit court or the superior court, depending on where the case had been filed.  An annulment in the superior court would be classified as a simple criminal case with an estimated average cost of $279 in FY 2019 and $284 in FY 2020.  In the district division of the circuit court, the annulment cost would be similar to the cost of a class A misdemeanor at $72 in FY 2019 and $73 in FY 2020.  These amounts do not include the cost of any appeals that may be taken following trial.  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.

 

The Judicial Council states this bill would not impact the cost of indigent defense.

 

The Department of Safety indicates the provision for the Department to charge the successful petitioner $100 for researching and correcting the criminal record already exists in RSA 651:5, IX, so this bill would have no fiscal impact on the Department.

 

The Department of Justice states it would not be involved in prosecutions or investigations related to this bill.  Therefore, the fiscal impact to the Department would be zero.

 

The New Hampshire Association of Counties determined there would be no fiscal impact to the counties based on the language of this bill.

 

AGENCIES CONTACTED:

Judicial Branch, Departments Safety and Justice, Judicial Council and New Hampshire Association of Counties

 

Links

HB1477 at GenCourtMobile

Action Dates

Date Body Type
Jan. 18, 2018 House Hearing
Feb. 6, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote
March 27, 2018 Senate Hearing
April 19, 2018 Senate Floor Vote

Bill Text Revisions

HB1477 Revision: 3133 Date: March 21, 2018, 4:38 p.m.
HB1477 Revision: 2011 Date: Nov. 3, 2017, 11:53 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 12
Jan. 18, 2018 Public Hearing: 01/18/2018 01:30 PM LOB 204
Feb. 6, 2018 Executive Session: 02/06/2018 LOB 204
Committee Report: Ought to Pass with Amendment # 2018-0239h (Vote 14-4; RC)
Feb. 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-0239h for 02/22/2018 (Vote 14-4; RC) HC 7 P. 16
Feb. 22, 2018 Amendment # 2018-0239h: AA VV 02/22/2018 HJ 5 P. 25
Feb. 22, 2018 Ought to Pass with Amendment 0239h: MA RC 314-24 02/22/2018 HJ 5 P. 25
March 8, 2018 Introduced 03/08/2018 and Referred to Judiciary; SJ 7
March 27, 2018 Hearing: 03/27/2018, Room 100, SH, 09:45 am; SC 14
April 19, 2018 Committee Report: Ought to Pass, 04/19/2018; SC 17
April 19, 2018 Sen. Bradley Moved Laid on Table, MA, VV; 04/19/2018; SJ 13
April 19, 2018 Pending Motion Ought to Pass; 04/19/2018; SJ 13
May 3, 2018 Sen. Woodburn Moved to Remove From Table, RC 10Y-14N, MF; 05/03/2018; SJ 16
May 3, 2018 Pending Motion Ought to Pass; 05/03/2018; SJ 16