HB1551 (2020) Detail

Relative to driving with a suspended license.


HB 1551-FN - AS AMENDED BY THE HOUSE

 

11Mar2020... 0886h

2020 SESSION

20-2128

11/03

 

HOUSE BILL 1551-FN

 

AN ACT relative to driving with a suspended license.

 

SPONSORS: Rep. Abbas, Rock. 8

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill makes driving after a license has been suspended for driving or operating under the influence of drugs or liquor in this or any out-of-state jurisdiction a misdemeanor, and imposes a fine on any person who does so.  The bill also clarifies that prior out-of-state convictions for driving after revocation or suspension may be considered when determining whether a person is guilty of a misdemeanor for driving after revocation or suspension.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0886h 20-2128

11/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to driving with a suspended license.

 

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

 

1  New Subparagraph; Motor Vehicles; Driving After Revocation or Suspension.  Amend RSA 263:64, V-a by inserting after subparagraph (b) the following new subparagraph:

(c)  A person violating this section whose license or driving privilege has been suspended pursuant to the provisions of RSA 265-A:30, or pursuant to a reasonably equivalent law in any other jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment.

2  Motor Vehicles; Driving After Revocation or Suspension.  Amend RSA 263:64, VI to read as follows:

VI.  Any person who violates the provisions of this section shall be guilty of a misdemeanor upon conviction based upon a complaint which alleged that the person has had one or more prior convictions for driving after revocation or suspension in this state or reasonably equivalent offenses in any other jurisdiction within the 7 years preceding the date of the second or subsequent offense.

3  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2128

Amended 3/20/20

 

HB 1551-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0886h)

 

AN ACT relative to driving with a suspended license.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [ X ] Highway           [ X ] Other - Victims' Assistance Fund, Judicial Branch IT Fund

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill states a person who drives after revocation or suspension in this state, or equivalent law in another jurisdiction, shall be guilty of a misdemeanor and fined not less than $500 (currently the fine for operating after suspension is $310), plus penalty assessment.  The Department of Safety states as of October 22, 2019, there were 2,984 persons under suspension.  For illustrative purposes, in a given year if approximately 10% of those under suspension are stopped for operating after suspension, this bill would result in an additional $57,000 in fine revenue (300 individuals X $190 fine increase), which would be credited to the highway fund, and $13,680 in penalty assessment revenue with $9,120 (66.66%) distributed to the general fund  and $2,280 (16.67%) distributed to each the victims' assistance fund and Judicial Branch IT fund.

 

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 would 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

Violation Level Offense

$52

$54

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

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

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Misdemeanor

$300/Case

$300/Case

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%).

NH Association of Counties

 

 

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:

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

 

Links

HB1551 at GenCourtMobile
HB1551 Discussion

Action Dates

Date Body Type
Feb. 25, 2020 House Hearing
Feb. 27, 2020 House Exec Session
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1551 Revision: 8326 Date: March 31, 2020, 2:26 p.m.
HB1551 Revision: 7215 Date: Dec. 3, 2019, 11:24 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Transportation HJ 1 P. 26
Feb. 25, 2020 Public Hearing: 02/25/2020 01:30 pm LOB 203
Feb. 27, 2020 Executive Session: 02/27/2020 10:00 am LOB 203
March 3, 2020 ==CONTINUED== Executive Session: 03/03/2020 10:00 am LOB 203 (if necessary)
Committee Report: Ought to Pass with Amendment # 2020-0886h (Vote 19-0; CC)
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0886h for 03/11/2020 (Vote 19-0; CC) HC 10 P. 31
March 11, 2020 Amendment # 2020-0886h: AA VV 03/11/2020
March 11, 2020 Ought to Pass with Amendment 2020-0886h: MA VV 03/11/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8