HB63 (2021) Detail

Relative to the reversal or forgiveness of emergency order violations.


HB 63-FN-A - AS AMENDED BY THE HOUSE

 

24Feb2021... 0079h

2021 SESSION

21-0002

05/04

 

HOUSE BILL 63-FN-A

 

AN ACT relative to the reversal or forgiveness of emergency order violations.

 

SPONSORS: Rep. Prout, Hills. 37; Rep. Warden, Hills. 15; Rep. T. Lekas, Hills. 37; Rep. Wallace, Rock. 12; Rep. Yokela, Rock. 33; Rep. Belanger, Rock. 9; Rep. Blasek, Hills. 21; Rep. Greene, Hills. 37; Rep. Johnson, Belk. 3; Rep. Testerman, Merr. 2

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill provides that the state shall not enforce, and shall reverse, any prior finding of violation of the governor's emergency orders regarding the COVID-19 pandemic.  The bill also provides for annulment of an arrest or criminal conviction for violation of an emergency order issued in response to COVID-19.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24Feb2021... 0079h 21-0002

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the reversal or forgiveness of emergency order violations.

 

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

 

1  State of Emergency Due to the Novel Coronavirus (COVID-19); Emergency Order Violations Dismissed.  The state shall not enforce and shall reverse any prior violation of the governor's emergency orders regarding the COVID-19 pandemic. Specifically, the state shall:

I.  Void and if already paid, refund, any fines issued under emergency order #65, any other emergency order, or RSA 21-P:47; and

II.  Void, or direct the attorney general to request that the court dismiss, any enforcement action related to violation of an emergency order; and

III.  Restore any suspended or revoked license or permit where the action was related to a violation of the emergency orders; and

IV.  Seal or expunge any record or written warning for the above acts, and render such findings or actions inadmissible in any subsequent proceeding.

2  New Section; Annulment of Criminal Record Based on Violation of Emergency Orders Due to the Novel Coronavirus (COVID-19).  Amend RSA 651 by inserting after section 5-b the following new section:

651:5-c  Annulment of Criminal Record; Violation of COVID-19 Emergency Order.  Any person convicted of a criminal offense arising from a violation of an emergency order issued pursuant to executive order 2020-04, declaring a state of emergency due to the novel coronavirus (COVID-19), as extended, may at any time petition the court in which the person was convicted or arrested to annul the arrest record, court record, or both.  The person shall be entitled to an annulment of such conviction upon application to the court and shall not be subject to any filing fee.  The only permitted basis for denial of an annulment request brought under this section is a written finding by the court that the conviction was not for conduct in violation of an emergency order issued in response to COVID-19.  As part of an annulment under this section, the court shall direct the appropriate executive branch agency to expunge any underlying administrative record and reimburse the petitioner for any fine or penalty previously paid.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.  

3  Reimbursement; Source of Funds.  To the extent practicable, any reimbursement of civil or criminal penalties paid for violation of an emergency order concerning COVID-19  shall be from the same source of funds into which the fine or penalty was deposited.  Where reimbursement is made from the general fund, the governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

4  Effective Date.  This act shall take effect upon its passage or upon termination of the state of emergency due to Novel Coronavirus (COVID-19) declared in Executive Order 2020-04 as extended, whichever is later.

 

LBA

21-0002

11/10/20

 

HB 63-FN-A- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the reversal or forgiveness of emergency order violations.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2021 through 2024.

 

AGENCIES CONTACTED:

Department of Justice and Judicial Branch

 

Links

HB63 at GenCourtMobile
HB63 Discussion

Action Dates

Date Body Type
House Floor Vote
Jan. 27, 2021 House Hearing
March 29, 2021 House Exec Session
Oct. 26, 2021 House Exec Session
Oct. 28, 2021 House Floor Vote
Jan. 27, 2021 House Hearing
March 29, 2021 House Exec Session
Oct. 26, 2021 House Exec Session
Oct. 28, 2021 House Floor Vote

Bill Text Revisions

HB63 Revision: 32135 Date: Feb. 26, 2021, 10:26 a.m.
HB63 Revision: 33384 Date: Feb. 3, 2021, 10:50 a.m.
HB63 Revision: 31344 Date: Jan. 4, 2021, 10:24 a.m.

Docket


: Committee Report: Inexpedient to Legislate HB63-FN-A 10/28/2021 (Vote 20-0; )


Oct. 29, 2021: Committee Report: Inexpedient to Legislate HB63-FN-A 10/28/2021 (Vote 20-0; )


Oct. 26, 2021: Executive Session: 10/26/2021 10:00 am LOB 210-211


Oct. 6, 2021: Executive Session: 10/26/2021 10:00 am LOB 210-211


Aug. 31, 2021: Division I Work Session: 09/14/2021 01:00 pm LOB 212


: Division I Work Session: 09/14/2021 01:00 pm LOB 212


: Retained in Committee


March 30, 2021: Retained in Committee


March 29, 2021: Executive Session: 03/29/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92166004660


March 25, 2021: Executive Session: 03/29/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/92166004660


March 4, 2021: Division I Work Session: 03/09/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94444579237


March 9, 2021: Division I Work Session: 03/09/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/94444579237


Feb. 24, 2021: Referred to Finance 02/24/2021 HJ 3 P. 23


Feb. 24, 2021: Referred to Finance 02/24/2021 HJ 3 P. 23


Feb. 24, 2021: Ought to Pass with Amendment : MA RC 188-169 02/24/2021 HJ 3 P. 23


Feb. 24, 2021: Ought to Pass with Amendment : MA RC 188-169 02/24/2021 HJ 3 P. 23


Feb. 24, 2021: Amendment # 2021-0079h: AA DV 199-155 02/24/2021 HJ 3 P. 23


Feb. 24, 2021: Amendment # 2021-0079h: AA DV 199-155 02/24/2021 HJ 3 P. 23


: Ought to Pass with Amendment MA RC 188-169 02/24/2021


Feb. 24, 2021: Amendment # 2021-0079h: AA DV 199-155 02/24/2021


Feb. 24, 2021: Lay on Table (Rep. Conley): MF RC 156-196 02/24/2021 HJ 3 P. 23


Feb. 24, 2021: Lay on Table (Rep. Conley): MF RC 156-196 02/24/2021 HJ 3 P. 23


: Lay on Table MF RC 156-196 02/24/2021


: Minority Committee Report: Inexpedient to Legislate


Feb. 1, 2021: Minority Committee Report: Inexpedient to Legislate


: Majority Committee Report: Ought to Pass with Amendment # 2021-0079h (Vote 11-10; RC) HC 12 P. 16


Feb. 1, 2021: Majority Committee Report: Ought to Pass with Amendment # 2021-0079h (Vote 11-10; RC) HC 12 P. 16


Jan. 27, 2021: Public Hearing: 01/27/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91386255102 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 21, 2021: Public Hearing: 01/27/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91386255102 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Criminal Justice and Public Safety


Jan. 4, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 33


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 33