HB1709 (2018) Detail

Relative to physical force in defense of a person.


HB 1709-FN - AS INTRODUCED

 

 

2018 SESSION

18-2067

04/03

 

HOUSE BILL 1709-FN

 

AN ACT relative to physical force in defense of a person.

 

SPONSORS: Rep. McConnell, Ches. 12; Rep. Itse, Rock. 10; Rep. McLean, Hills. 44; Rep. Hill, Merr. 3; Rep. O'Day, Ches. 11; Rep. Ammon, Hills. 40; Rep. Abbott, Ches. 1; Sen. Giuda, Dist 2; Sen. Reagan, Dist 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill permits the use of physical force in defense of another upon any person who is physically aiding or abetting the perpetrator.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2067

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to physical force in defense of a person.

 

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

 

1  Physical Force in Defense of a Person.  Amend RSA 627:4, II(c) to read as follows:

(c)  Is committing or about to commit kidnapping or a forcible sex offense, or is physically aiding or abetting another person who is committing or about to commit kidnapping or a forcible sex offense; or

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

 

LBAO

18-2067

11/15/17

 

HB 1709-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to physical force in defense of a person.

 

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 Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

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

 

 

 

 

 

METHODOLOGY:

This bill would amend RSA 627:4,II(c) to allow the use of deadly force on a person if that person is aiding or abetting a person who is committing or about to commit kidnapping or a forcible sex offense.  

 

The Judicial Branch assumes this bill could result in savings to the Branch by removing cases from the court system that otherwise would have been brought.  These cases would likely be an assault charge in the superior court and classified a complex criminal case.  The Branch has no information on which to estimate how many such cases would no longer be brought because of the proposed bill, but does have information on the average cost to process a complex criminal case in the superior court.  The cost of an average complex criminal case in the superior court is estimated to be $891 in FY 2019 and $916 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 assumes this bill would allow an accused individual to argue an affirmative defense to a relevant charge, but the Council does not expect the bill would impact indigent defense costs.

 

The Department of Justice is involved in the investigation and prosecution of incidents in which deadly force has been used and routinely considers whether the use of deadly force was justified.  The Department assumes passage of the bill would add another factor to consider in and investigation, but should not result in a fiscal impact to the Department.

 

The Department of Corrections is not able does not have information to predict the number of individuals who would be subject to this legislation and therefore cannot determine the fiscal impact.  The Department states the average annual cost of incarceration of an individual in the general population was $36,960 in fiscal year 2017.  For the same year, the average cost to supervise and individual by the Department’s Division of Field Services was $557 and the average annual marginal cost of a general population inmate was $4,555.

 

The New Hampshire Association of Counties determined this bill would have no impact on county revenue or expenditures.

 

AGENCIES CONTACTED:

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

 

Links

HB1709 at GenCourtMobile

Action Dates

Date Body Type
Jan. 25, 2018 House Hearing
Feb. 13, 2018 House Exec Session

Bill Text Revisions

HB1709 Revision: 2280 Date: Nov. 16, 2017, 12:09 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 20
Jan. 25, 2018 Public Hearing: 01/25/2018 11:00 AM LOB 204
Feb. 13, 2018 Executive Session: 02/13/2018 LOB 204
Feb. 22, 2018 Majority Committee Report: Refer for Interim Study for 02/22/2018 (Vote 13-7; RC) HC 7 P. 16
Majority Committee Report: Refer for Interim Study (Vote 13-7; RC)
Minority Committee Report: Ought to Pass
Feb. 22, 2018 Refer for Interim Study: MA DV 222-109 02/22/2018 HJ 5 P. 30