SB 311-FN - FINAL VERSION
03/14/2019 0796s
8Jan2020... 2799h
8Jan2020... 0012h
2020 SESSION
19-0881
04/01
SENATE BILL 311-FN
AN ACT relative to annulment of criminal records.
SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Sen. Feltes, Dist 15; Rep. Rodd, Merr. 6
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill provides for annulment of a criminal record without payment of a fee in certain cases and specifies a waiting period for the annulment of simple possession drug-related offenses.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/2019 0796s
8Jan2020... 2799h
8Jan2020... 0012h 19-0881
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to annulment of criminal records.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Annulment of Criminal Records. Amend RSA 651:5, II and the introductory paragraph in RSA 651:5, II-a to read as follows:
II. For an offense disposed of before January 1, 2019 and any offense not subject to paragraph II-a, any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time, without payment of a fee, in accordance with the provisions of this section. Any person who was convicted of a criminal offense whose conviction was subsequently vacated by a court may petition for annulment of the arrest record or court record, or both, in accordance with the provisions of this section. Nothing in this paragraph shall limit the provisions of subparagraph XI(b).
II-a.(a) For an offense disposed of on or after January 1, 2019, any person whose arrest has resulted in a finding of not guilty on all charges that resulted from the arrest, or whose case was dismissed or not prosecuted, shall have the arrest record and court record annulled without payment of a fee:
2 New Paragraph; Annulment of Criminal Records. Amend RSA 651:5 by inserting after paragraph III the following new paragraph:
III-a. A person who was less than 25 years of age at the time of the commission of a simple possession drug-related crime for which he or she was convicted may petition for annulment of the record of arrest, conviction, and sentence pursuant to this section or when the person reaches 27 years of age, whichever is earlier. This paragraph shall not apply to the conviction for an offense listed in paragraph V.
3 Effective Date. This act shall take effect 60 days after its passage.
VETOED July 29, 2020 VETO SUSTAINED September 16, 2020
19-0881
Amended 1/22/20
SB 311-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-0012h)
AN ACT relative to annulment of criminal records.
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 Decrease | Indeterminable Decrease | Indeterminable Decrease |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Criminal Records Fees | |||
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METHODOLOGY:
This bill provides for annulment of a criminal record without payment of a fee in certain cases and specifies a waiting period for the annulment of simple possession drug-related offenses. The Department of Safety indicates annulment of certain criminal records without payment of the fee will decrease revenue to the Criminal Records Unit. The Department also assumes the bill would increase volume of granted annulment petitions and the workload of the clerks within the unit assigned to processing the petitions.
It is assumed the fiscal impact of the bill would not occur until FY 2021.
AGENCIES CONTACTED:
Department of Safety
| Date | Body | Type |
|---|---|---|
| Feb. 7, 2019 | Senate | Hearing |
| March 14, 2019 | Senate | Floor Vote |
| April 18, 2019 | House | Hearing |
| April 18, 2019 | House | Exec Session |
| April 24, 2019 | House | Exec Session |
| May 28, 2019 | House | Exec Session |
| Oct. 30, 2019 | House | Exec Session |
| House | Floor Vote |
Sept. 16, 2020: Notwithstanding the Governor's Veto, Shall SB 311-FN Become Law: RC 14Y-10N, Veto Sustained, lacking the necessary two-thirds vote; 09/16/2020; SJ 10
July 29, 2020: Vetoed by Governor 07/29/2020
June 29, 2020: Enrolled (In recess 06/29/2020); SJ 9
: Enrolled 06/30/2020 HJ 10 P. 71
June 29, 2020: Sen. Hennessey Moved to Concur with the House Amendment, RC 15Y-9N, MA; 06/29/2020; SJ 9
Jan. 8, 2020: Ought to Pass with Amendment 2019-2799h and 2020-0012h: MA VV 01/08/2020 HJ 1 P. 83
Jan. 8, 2020: FLAM # 2020-0012h (Reps. Cushing, Welch): AA VV 01/08/2020 HJ 1 P. 83
Jan. 8, 2020: Amendment # 2019-2799h: AA VV 01/08/2020 HJ 1 P. 83
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2019-2799h (Vote 17-3; RC) HC 50 P. 19
Oct. 30, 2019: Executive Session: 10/30/2019 10:00 am LOB 202-204
Oct. 23, 2019: Full Committee Work Session: 10/23/2019 10:00 am LOB 204
Oct. 22, 2019: Subcommittee Work Session: 10/22/2019 10:00 am LOB 104
Oct. 1, 2019: Subcommittee Work Session: 10/01/2019 10:00 am LOB 204
June 11, 2019: Subcommittee Work Session: 06/11/2019 11:00 am LOB 204
: Retained in Committee
May 28, 2019: Executive Session: 05/28/2019 01:30 pm LOB 204
May 28, 2019: Subcommittee Work Session: 05/28/2019 10:00 am LOB 204
May 21, 2019: ==CANCELLED== Executive Session: 05/21/2019 01:30 pm LOB 204
May 21, 2019: Subcommittee Work Session: 05/21/2019 09:30 am LOB 204
May 2, 2019: Subcommittee Work Session: 05/02/2019 10:00 am LOB 204
April 24, 2019: ==RECESSED== Executive Session: 04/24/2019 01:00 pm LOB 204
April 24, 2019: Full Committee Work Session: 04/24/2019 10:00 am LOB 204
April 18, 2019: ==RECESSED== Executive Session: 04/18/2019 01:00 pm LOB 204
April 18, 2019: Public Hearing: 04/18/2019 10:30 am LOB 204
March 20, 2019: Introduced 03/20/2019 and referred to Criminal Justice and Public Safety HJ 11 P. 71
March 14, 2019: Ought to Pass with Amendment 2019-0796s, RC 16Y-8N, MA; OT3rdg; 03/14/2019; SJ 8
March 14, 2019: Committee Amendment # 2019-0796s, AA, VV; 03/14/2019; SJ 8
March 14, 2019: Committee Report: Ought to Pass with Amendment # 2019-0796s, 03/14/2019; SC 13
Feb. 7, 2019: Hearing: 02/07/2019, Room 100, SH, 09:00 am; SC 9
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Judiciary; SJ 4