HB 1100-FN - AS INTRODUCED
2022 SESSION
22-2483
12/04
HOUSE BILL 1100-FN
AN ACT relative to changing the penalties for driving without a license.
SPONSORS: Rep. Sykes, Graf. 13
COMMITTEE: Transportation
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ANALYSIS
This bill changes the penalties for driving without a license to a violation, unless the individual is convicted for second time in a 12-month period.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2483
12/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to changing the penalties for driving without a license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Drivers' Licenses; License Required. Amend RSA 263:1 to read as follows:
263:1 License Required[; Penalty].
[I.] No person, except those expressly exempted under RSA 263:25 or other provisions of this title, shall drive any motor vehicle upon any way in this state unless such person has a valid driver’s license, as required under the provisions of this chapter, for the class or type of vehicle being driven. Except as otherwise provided in this section, any person who drives a motor vehicle in this state without having a valid driver’s license of the appropriate class or type shall be guilty of a violation, provided that any person convicted of such offense for the second time in a 12-month period shall be guilty of a misdemeanor.
[II. Any person who held a driver's license of the appropriate class or type but whose driver's license has been expired for not more than 12 months shall be guilty of a violation or, for a second or subsequent offense shall be guilty of a class B misdemeanor.
III. Any person who drives a motor vehicle in this state and who has never had a license shall be guilty of a class B misdemeanor.]
2 Effective Date. This act shall take effect 60 days after its passage.
22-2483
10/5/21
HB 1100-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to changing the penalties for driving without a license.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill contains changes to penalties relative to driving without a license 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 Council | FY 2022 | FY 2023 |
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
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. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake to new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments. | ||
NH Association of Counties | FY 2022 | FY 2023 |
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $125 | $105 to $125 |
This bill contains changes that may have an indeterminable impact on the Judicial Branch system. 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. In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation. The per case data on costs for routine criminal cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times for processing average routine criminal cases that are more than fifteen years old so the data does not have current validity. A new case study is being conducted and updated estimates will be available in the future.
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 may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 18, 2022 | House | Hearing |
| Jan. 25, 2022 | House | Exec Session |
| Feb. 1, 2022 | House | Exec Session |
| House | Floor Vote |
Feb. 22, 2022: Lay HB1100 on Table (Rep. Infantine): MA DV 188-161 02/17/2022 HJ 4
Feb. 2, 2022: Minority Committee Report: Ought to Pass
Feb. 2, 2022: Majority Committee Report: Inexpedient to Legislate (Vote 10-9; RC)
Jan. 27, 2022: Executive Session: 02/01/2022 03:00 pm LOB 201-203
Jan. 19, 2022: Executive Session: 01/25/2022 03:00 pm LOB 201-203
Jan. 13, 2022: Public Hearing: 01/18/2022 09:00 am LOB 201-203
: To Be Introduced and referred to Transportation
Nov. 16, 2021: Introduced 01/05/2022 and referred to Transportation