Revision: Dec. 12, 2019, 11:35 a.m.
HB 1645-FN - AS INTRODUCED
2020 SESSION
20-2127
04/10
HOUSE BILL 1645-FN
AN ACT relative to the annulment of misdemeanor domestic violence offenses.
SPONSORS: Rep. Abbas, Rock. 8; Rep. Doucette, Rock. 8
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill amends the waiting period to petition for annulment of a misdemeanor domestic violence offense.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2127
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the annulment of misdemeanor domestic violence offenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Annulment of Criminal Records. Amend RSA 651:5, III(b)(2)(h) is repealed and reenacted to read as follows:
(h) For any misdemeanor domestic violence offense under RSA 631:2-b, 10 years. In the event an individual is convicted of a subsequent misdemeanor or felony domestic violence offense under RSA 631:2-b, the earlier domestic violence conviction shall not eligible for an annulment until the most recent domestic violence conviction has become eligible for an annulment.
2 Effective Date. This act shall take effect 60 days after its passage.
20-2127
12/11/19
HB 1645-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the annulment of misdemeanor domestic violence offenses.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Criminal Records | |||
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The Judicial Branch was originally contacted on October 17, 2019 for a fiscal note worksheet, which they have not provided as of December 11, 2019.
METHODOLOGY:
This bill amends the waiting period to petition for annulment of a misdemeanor domestic violence offense. The Department of Safety indicates the current waiting period is 3 years and the bill would extend the waiting period to 10 years. The Division of State Police removes an average of 5,000 annulments per year from the Criminal History Record Database for a fee of $100 per conviction. The bill would delay revenue attributable to domestic violence misdemeanors for an additional 7 years. The Division does not track the types of annulments processed and cannot estimate the impact the bill would have on state revenue. The Department assumes there will be no impact on state, county and local expenditures or on county or local revenues.
The Department of Corrections, Division of Field Services collects $100 as an annulment investigation fee with each annulment request. In FY 2019, $123,600 was collected by the Division and deposited into the State general fund. The Department cannot predict how many annulment petitions involving domestic violence will be delayed.
It is assumed the fiscal impact of this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Judicial Branch and the Departments of Safety and Corrections