HB 1671-FN - AS INTRODUCED
2020 SESSION
20-2453
04/05
HOUSE BILL 1671-FN
AN ACT relative to arrest and search warrants issued by superior court.
SPONSORS: Rep. Gordon, Graf. 9
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires that a law enforcement officer seeking a search warrant give preference to obtaining the warrant from the court that would hear the alleged violation of the law. The bill also requires that warrants alleging a felony level offense shall be issued by a justice of the superior court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2453
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to arrest and search warrants issued by superior court.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Proceedings in Criminal Cases; Warrants. Amend RSA 592-A:8 to read as follows:
592-A:8 Warrants. A justice of the peace or justice of the [circuit] superior court, upon such complaint when signed under oath, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his or her deputy or to any constable or police officer of any town in the county, provided however, that any warrant alleging a felony level offense shall be issued by a justice of the superior court.
2 Criminal Procedure in Superior Court; Warrants. Amend RSA 592-B:4 to read as follows:
592-B:4 Warrants. A justice of the peace or justice of the superior [or circuit] court, upon such complaint or indictment, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his or her deputy or to any constable or police officer of any town in the county, provided however, that any warrant alleging a felony level offense shall be issued by a justice of the superior court.
3 Issuance of Search Warrants. Amend the introductory paragraph of RSA 595-A:1 to read as follows:
A search warrant authorized by this chapter may be issued by any justice, associate justice or special justice of the [municipal, district] circuit or superior courts to search for and seize any property which is:
4 New Section; Search Warrants. Amend RSA 595-A by inserting after section 1 the following new section:
595-A:1-a Preference for Issuance of Search Warrants. An officer seeking a search warrant shall give preference to having the search warrant issued by a justice of the court where the alleged violation of law would be heard. No request for a search warrant shall be unreasonably refused.
5 Effective Date. This act shall take effect January 1, 2021.
20-2453
Revised 1/22/20
HB 1671-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to arrest and search warrants issued by superior court.
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 | $0 | $0 | $0 |
Expenditures | $0 | $203,900 | $414,300 | $425,600 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill requires that a law enforcement officer seeking a search warrant give preference to obtaining the warrant from the court that would hear the alleged violation of the law. The bill also requires that warrants alleging a felony level offense shall be issued by a justice of the superior court. The Judicial Branch indicates this bill would amend both RSA 592-A:8 and RSA 592-B:4 to provide that any warrant alleging a felony level offense be issued by a justice of the superior court, rather than a justice of the circuit court as is current law. The Judicial Branch estimates the resulting increase in workload would require an additional superior court judge and two additional staff at the Court Assistant II pay grade. The Branch provided the following cost information:
| FY 2021* | FY 2022 | FY 2023 |
Superior Court Judge | $150,700 | $302,500 | $305,200 |
Court Assistant II | $26,600 | $55,900 | $60,200 |
Court Assistant II | $26,600 | $55,900 | $60,200 |
Total | $203,900 | $414,300 | $425,600 |
*Since the bill is effective on January 1, 2021, the costs in FY 2021 are for one-half of the fiscal year.
AGENCIES CONTACTED:
Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 14, 2020 | House | Hearing |
| Jan. 28, 2020 | House | Exec Session |
| March 3, 2020 | House | Exec Session |
| House | Floor Vote | |
| March 11, 2020 | House | Floor Vote |
March 11, 2020: Inexpedient to Legislate: MA VV 03/11/2020 HJ 7 P. 170
: Committee Report: Inexpedient to Legislate (Vote 19-0; CC)
March 11, 2020: Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 19-0; CC) HC 10 P. 44
March 3, 2020: Executive Session: 03/03/2020 01:00 pm LOB 204
Jan. 28, 2020: ==CANCELLED== Executive Session: 01/28/2020 10:00 am LOB 204
Jan. 14, 2020: ==TIME CHANGE== Public Hearing: 01/14/2020 10:30 am LOB 204
Jan. 8, 2020: Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 31