SB743 (2020) Detail

Relative to enhanced penalties based on prior convictions for driving under the influence of drugs or liquor.


SB 743-FN - AS AMENDED BY THE SENATE

 

03/05/2020   0725s

2020 SESSION

20-3009

04/03

 

SENATE BILL 743-FN

 

AN ACT relative to enhanced penalties based on prior convictions for driving under the influence of drugs or liquor.

 

SPONSORS: Sen. Feltes, Dist 15

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes an enhanced penalty for persons convicted of negligent homicide who have prior convictions for driving under the influence of drugs or liquor.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020   0725s 20-3009

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to enhanced penalties based on prior convictions for driving under the influence of drugs or liquor.

 

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

 

1  Short Title.  This act shall be known as Tyler Shaw's Law.

2  Extended Term of Imprisonment.  RSA 651:6, II(c) is repealed and reenacted to read as follows:

(c)  Has been previously convicted of driving or operating under the influence  of drugs or liquor under RSA 265-A:2, aggravated driving while intoxicated under RSA 265-A:3, or negligent homicide under RSA 630:3, II, or under reasonably equivalent offenses in an out-of-state jurisdiction, and such person is charged with an offense under RSA 630:3, II or RSA 265-A:3, I(b) or II(b).

3  Extended Term of Imprisonment.  Amend RSA 651:6, III(a) to read as follows:

(a)  Any felony, other than murder [or], manslaughter, negligent homicide under RSA 630:3, II, or aggravated driving while intoxicated under RSA 265-A:3, I(b) or II(b), a minimum to be fixed by the court of not more than 10 years and a maximum to be fixed by the court of not more than 30 years;

4  Extended Term of Imprisonment.  Amend RSA 651:6, III(f)-(g) to read as follows:

(f)  A third offense under RSA 632-A:3, life imprisonment; [or]

(g)  Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of not less than 90 days and a maximum of not more than one year; or  

(h)  Negligent homicide under RSA 630:3, II or aggravated driving while intoxicated under RSA 265-A:3, I(b) or II(b), the court may consider an enhanced sentence of not less than 10 years or more than 20 years where the person has once previously been convicted under RSA 265-A:2, I, RSA 265-A:3, or RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction; or

(i)  Negligent homicide under RSA 630:3, II or aggravated driving while intoxicated under RSA 265-A:3, I(b) or II(b), the court may consider an enhanced sentence of not less than 15 years or more than 30 years where the person has, on 2 or more prior occasions, been convicted under RSA 265-A:2, I, RSA 265-A:3, or RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction.

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

 

LBAO

20-3009

Amended 3/10/20

 

SB 743-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-0725s)

 

AN ACT relative to enhanced penalties based on prior convictions for driving under the influence of drugs or liquor.

 

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

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill establishes enhanced penalties for negligent homicide, based on prior convictions for driving under the influence of drugs or liquor, that may have an impact on the New Hampshire judicial and correctional systems.  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

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

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/Case

Assigned Counsel – Felony.

Homicide (Including capital cases)

$100/Hour up to $20,000

$100/Hour up to $20,000

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

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

 

 

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

 

 

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

 

Links

SB743 at GenCourtMobile
SB743 Discussion

Action Dates

Date Body Type
Jan. 28, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB743 Revision: 8251 Date: April 3, 2020, 9:57 a.m.
SB743 Revision: 8064 Date: Jan. 21, 2020, 9:36 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Judiciary; SJ 2
Jan. 28, 2020 Hearing: 01/28/2020, Room 100, SH, 09:25 am; SC 4
March 5, 2020 Committee Report: Ought to Pass with Amendment # 2020-0725s, 03/05/2020; SC 9
March 5, 2020 Committee Amendment # 2020-0725s, AA, VV; 03/05/2020; SJ 5
March 5, 2020 Ought to Pass with Amendment 2020-0725s, MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Criminal Justice and Public Safety
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020