HB1654 (2020) Detail

Relative to previous convictions for driving while intoxicated.


HB 1654-FN - AS INTRODUCED

 

 

2020 SESSION

20-2129

04/08

 

HOUSE BILL 1654-FN

 

AN ACT relative to previous convictions for driving while intoxicated.

 

SPONSORS: Rep. Abbas, Rock. 8

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill specifies penalties for a third or subsequent offense for driving or operating under the influence of drugs or liquor which occur within a 20-year period.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2129

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to previous convictions for driving while intoxicated.

 

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

 

1  Penalties for Intoxication or Under the Influence of Drugs Offenses.  Amend the introductory paragraph of RSA 265-A:18, IV(b) to read as follows:

(b)  For a third offense, [any] if the complaint alleges that the prior conviction occurred within 20 years preceding the date of the present offense, a person convicted under this paragraph shall be subject to all the penalties of subparagraph (a) except that:

2  Penalties for Intoxication or Under the Influence of Drugs Offenses.  Amend the introductory paragraph of RSA 265-A:18, IV(c) to read as follows:

(c)  For a fourth or subsequent offense, [any] if the complaint alleges that the prior conviction occurred within 20 years preceding the date of the present offense, a person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony, and the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 7 years.

3  Penalties for Intoxication or Under the Influence of Drugs Offenses.  Amend RSA 265-A:18, V to read as follows:

V.(a)  If any person is convicted of a violation of RSA 265-A:2, I or RSA 265-A:3, and the conviction is not based upon a complaint which alleges prior convictions as provided in paragraph IV, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within 10 years preceding the date of the offense, the person's driver's license or privilege to drive shall be revoked for not less than one year nor more than 3 years.  The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation.  The person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed.  The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation.  The court may suspend up to 6 months of this sentence, conditional on completion of the required evaluation within 30 days of the court's finding, completion of the service plan developed by the IDCMP, and payment of all relevant fees.

(b)  Any person convicted of a violation of RSA 265-A:2, I(a) and the conviction is based upon a complaint which alleges a prior conviction under RSA 265-A:2, I or RSA 265-A:3, or RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction, occurring more than 10 years after the date of the present offense, shall be guilty of a class A misdemeanor.  

4  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2129

12/12/19

 

HB 1654-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to previous convictions for driving while intoxicated.

 

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

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill specifies penalties for driving or operating under the influence of drugs or liquor, which occur within a 20-year period, and creates a new class A misdemeanor offense.  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

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.  

 

In addition to the potential costs stated above, the Department of Safety estimates it would incur system programming costs to implement changes in this bill.  Those costs are estimated to occur in FY 2021 and be less than $10,000.

 

AGENCIES CONTACTED:

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

 

Links

HB1654 at GenCourtMobile
HB1654 Discussion

Action Dates

Date Body Type
Jan. 14, 2020 House Hearing
Jan. 28, 2020 House Exec Session
Jan. 16, 2020 House Hearing
House Floor Vote
Feb. 19, 2020 House Floor Vote

Bill Text Revisions

HB1654 Revision: 7298 Date: Dec. 13, 2019, 11:02 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 30
Jan. 16, 2020 Public Hearing: 01/16/2020 10:00 am LOB 204
Jan. 14, 2020 Public Hearing: 01/14/2020 10:45 am LOB 204
Jan. 28, 2020 Executive Session: 01/28/2020 10:00 am LOB 204
Feb. 19, 2020 Majority Committee Report: Ought to Pass for 02/19/2020 (Vote 11-9; RC) HC 7 P. 29
Majority Committee Report: Ought to Pass (Vote 11-9; RC)
Minority Committee Report: Inexpedient to Legislate
Feb. 20, 2020 Lay on Table (Rep. Ley): MA VV 02/20/2020