HB 63-FN-A - AS AMENDED BY THE HOUSE
HOUSE BILL 63-FN-A
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
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.
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.
HB 63-FN-A- FISCAL NOTE
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.
Department of Justice and Judicial Branch
|Jan. 27, 2021||House||Hearing|
Feb. 24, 2021: Referred to Finance 02/24/2021
Feb. 24, 2021: Ought to Pass with Amendment : MA RC 188-169 02/24/2021
: 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
: Lay on Table MF RC 156-196 02/24/2021
Feb. 24, 2021: Lay on Table (Rep. Conley): MF RC 156-196 02/24/2021
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2021-0079h (Vote 11-10; RC) HC 12 P. 16
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. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 33
Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Criminal Justice and Public Safety