Revision: Nov. 3, 2017, 11:53 a.m.
HB 1477-FN - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2442
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
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 prosecutor of the underlying offense. The prosecutor may object within 15 days of receiving a copy of the petition and request a hearing. If the prosecutor does not object within 15 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 of 3/4 of an ounce. At the close of the hearing, the court may grant or deny the petition. 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. If the petition is denied, the petitioner may file another petition no sooner than one year after the date of the denial. The petitioner may refile once annually thereafter.
II.(a) When a petition for annulment is brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests, or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation 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.
(b) 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 them to be heard regarding the interest of justice in regard to the petition.
2 Effective Date. This act shall take effect January 1, 2019.
18-2442
10/25/17
HB 1477-FN- FISCAL NOTE
AS INTRODUCED
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 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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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 Department of Corrections, Division of Probation and Parole assumes the bill could increase the number of annulment investigations, but the Division cannot predict how many individuals may come forward to annul arrests or convictions.
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 of Corrections, Safety and Justice, Judicial Council and New Hampshire Association of Counties