HB 1271-FN - AS INTRODUCED
2020 SESSION
20-2706
04/10
HOUSE BILL 1271-FN
AN ACT relative to 911 immunity relative to possession of drugs.
SPONSORS: Rep. Amanda Bouldin, Hills. 12; Rep. Meuse, Rock. 29; Rep. Bordenet, Ches. 5; Rep. Conley, Straf. 13; Rep. Rodd, Merr. 6; Rep. Cleaver, Hills. 35; Rep. Andrew Bouldin, Hills. 12; Rep. DiLorenzo, Rock. 17; Sen. Watters, Dist 4; Sen. Levesque, Dist 12
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill provides immunity from criminal charges for possession of a controlled drug for a person who reports to law enforcement that such person or another person has been the victim of a violent crime.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2706
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to 911 immunity relative to possession of drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Controlled Drug Act; Immunity From Liability. Amend RSA 318-B:28-b, II-III to read as follows:
II. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose, or in good faith and in a timely manner reports that another person has been the victim of a violent crime. A person who in good faith and in a timely manner requests medical assistance for another person who is experiencing a drug overdose, or in good faith and in a timely manner reports that another person has been the victim of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318:B-2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement. In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.
III. It shall be a defense to an offense of possessing or having under his or her control, a controlled drug in violation of RSA 318-B:2 that a person who is experiencing a drug overdose, in good faith and in a timely manner, requests medical assistance for himself or herself, or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime. A person who in good faith requests, or is the subject of a good faith request for medical assistance, or in good faith and in a timely manner reports that he or she has been the victim of a violent crime, or is the victim in a good faith and timely report of a violent crime, shall not be arrested, prosecuted, or convicted for possessing, or having under his or her control, a controlled drug in violation of RSA 318-B:2, if the evidence for the charge was gained as a proximate result of the request for medical assistance or the report to law enforcement. In this paragraph, "violent crime" shall have the same meaning as in RSA 651:5, XIII.
2 Effective Date. This act shall take effect 60 days after its passage.
20-2706
Redraft 10/24/19
HB 1271-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to 911 immunity relative to possession of drugs.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
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METHODOLOGY:
This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges will not be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2021 | FY 2022 |
Class B Misdemeanor | $54 | $56 |
Class A Misdemeanor | $77 | $79 |
Simple Criminal Case | $300 | $314 |
Routine Criminal Felony Case | $484 | $498 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2021 and FY 2022 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. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2019 Average Cost of Incarcerating an Individual | $44,400 | $44,400 |
FY 2019 Annual Marginal Cost of a General Population Inmate | $5,071 | $5,071 |
FY 2019 Average Cost of Supervising an Individual on Parole/Probation | $576 | $576 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $120 | $105 to $120 |
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2020 | House | Hearing |
| Jan. 28, 2020 | House | Exec Session |
| House | Floor Vote | |
| Feb. 19, 2020 | House | Floor Vote |
June 16, 2020: No Pending Motion; 06/16/2020 SJ 8
June 16, 2020: No Pending Motion; 06/16/2020 SJ 8
June 16, 2020: Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
March 11, 2020: Introduced 03/11/2020 and Referred to Judiciary; SJ 7
Feb. 19, 2020: Ought to Pass: MA VV 02/19/2020 HJ 4 P. 4
Feb. 19, 2020: Committee Report: Ought to Pass for 02/19/2020 (Vote 18-2; CC) HC 7 P. 3
: Committee Report: Ought to Pass (Vote 18-2; CC)
Jan. 28, 2020: Executive Session: 01/28/2020 10:00 am LOB 204
Jan. 16, 2020: Public Hearing: 01/16/2020 10:30 am LOB 204
Jan. 8, 2020: Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 16