SB 436-FN - AS AMENDED BY THE SENATE
03/12/2020 1047s
2020 SESSION
20-2790
11/06
SENATE BILL 436-FN
AN ACT relative to the penalties for various motor vehicle violations.
SPONSORS: Sen. Chandley, Dist 11; Sen. Rosenwald, Dist 13; Sen. Morgan, Dist 23; Sen. Dietsch, Dist 9; Rep. Williams, Hills. 4; Rep. Martin, Hills. 23; Rep. Vail, Hills. 30; Rep. Telerski, Hills. 35; Rep. Fields, Belk. 4
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill provides for enhanced penalties for certain driving offenses where the offense was also based on facts involving the prohibited use of a mobile electronic device.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/12/2020 1047s 20-2790
11/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the penalties for various motor vehicle violations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Criminal Code; Sentences and Limitations. Amend RSA 651:2 by inserting after paragraph II-g the following new paragraph:
II-h. A person charged with any offense under RSA 265, RSA 265-A, or RSA 630:3 whose offense was also based on facts involving the prohibited use of a mobile electronic device while driving, as defined in RSA 265:79-c, may be subject to enhanced penalties for such offenses, as follows:
(a) If the offense would otherwise constitute a violation, it may be charged as a class B misdemeanor.
(b) If the offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor.
(c) If the offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony.
(d) If the offense would otherwise constitute a class B felony, it may be charged as a class A felony.
(e) If the offense is a class A felony or an unclassified felony, there shall be no enhanced charge.
2 Effective Date. This act shall take effect January 1, 2021.
20-2790
Amended 3/25/20
SB 436-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2020-1047s)
AN ACT relative to the penalties for various motor vehicle violations.
FISCAL IMPACT: [ X ] State [ X ] 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 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill establishes enhanced penalties for certain motor vehicle offenses that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges, if any, 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 |
Routine Criminal Felony Case | $484 | $498 |
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 |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Contract Attorney – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $2,490/Case | $2,490/Case |
Assigned Counsel – Felony. Homicide (Including capital cases) | $100/Hour up to $20,000 | $100/Hour up to $20,000 |
Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $100/Hour up to $8,000
| $100/Hour up to $8,000
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Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
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%). | ||
Department of Corrections |
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FY 2019 Average Cost of Incarcerating an Individual | $44,400 | $44,400 |
FY 2019 Annual Marginal Cost of a General Population Inmate | $5,071 | $5,071 |
FY 2019 Average Cost of Supervising an Individual on Parole/Probation | $576 | $576 |
NH Association of Counties |
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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:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 14, 2020 | Senate | Hearing |
| March 12, 2020 | Senate | Floor Vote |
| March 11, 2020 | Senate | Floor Vote |
| March 11, 2020 | Senate | Floor Vote |
: Died on Table
June 30, 2020: Introduced and Laid on Table MA VV 06/30/2020 HJ 10 P. 5
June 30, 2020: Lay on Table (Reps. Ley, Hinch): MA VV 06/30/2020
June 30, 2020: Introduced 06/30/2020
March 12, 2020: Ought to Pass with Amendment 2020-1047s, RC 20Y-4N, MA; OT3rdg; 03/12/2020; SJ 7
March 12, 2020: Committee Amendment # 2020-1047s, AA, VV; 03/12/2020; SJ 7
March 12, 2020: Special Order to 03/12/2020, Without Objection, MA; 03/11/2020 SJ 6
March 12, 2020: Committee Report: Ought to Pass with Amendment # 2020-1047s, 03/12/2020; SC 10
March 11, 2020: Committee Report: Ought to Pass with Amendment # 2020-1047s, 03/11/2020; SC 10
Jan. 14, 2020: Hearing: 01/14/2020, Room 100, SH, 09:00 am; SC 2
Jan. 8, 2020: To Be Introduced 01/08/2020 and Referred to Judiciary; SJ 1