Revision: April 14, 2022, 11:29 a.m.
HB 1206-FN - VERSION ADOPTED BY BOTH BODIES
2022 SESSION
22-2108
04/08
HOUSE BILL 1206-FN
AN ACT relative to the source of funding for appointment of counsel or other services for indigent persons.
SPONSORS: Rep. Lynn, Rock. 7; Rep. Umberger, Carr. 2
COMMITTEE: Judiciary
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ANALYSIS
The bill provides that payment of costs associated with retained legal counsel for indigent parties who are seeking post-conviction DNA testing will be funded by the judicial council.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2108
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the source of funding for appointment of counsel or other services for indigent persons.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Post-Conviction DNA Testing of Biological Materials. Amend RSA 651-D:2, I-a to read as follows:
I-a. If the superior court determines that an indigent petitioner has met the requirements of paragraph I, it shall appoint counsel to represent such petitioner in any further proceedings under this section. The cost of such appointment, including counsel and investigative, expert, or other services and expenses necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.
2 Post-Conviction DNA Testing of Biological Materials. Amend RSA 651-D:2, V to read as follows:
V. The cost of DNA testing ordered under this section shall be paid by the petitioner, or by the state, if the petitioner is indigent as determined by the court. The cost of such testing paid by the state for any such indigent petitioner, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.
3 Effective Date. This act shall take effect 60 days after its passage.
22-2108
10/28/21
HB 1206-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the source of funding for appointment of counsel or other services for indigent persons.
FISCAL IMPACT: [ X ] State [ ] 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 Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
The bill provides that payment of costs associated with retained legal counsel for indigent parties who are seeking post-conviction DNA testing will be funded by the judicial council.
The Judicial Council states it is unclear how many indigent petitioners would meet the threshold finding and be provided with these services. The Council assumes it would have the responsibility of ensuring that every petitioner who files a successful petition will be entitled to counsel at state expense. It is not possible to determine either the number or cost of cases that would result from this bill. In addition to the cost of representation, there would be additional expenditures necessary to train both the Public Defender and conflict counsel on effective post-conviction representation. The Judicial Council would also be responsible for determining an appropriate reimbursement rate for this representation. The cost of the DNA testing would likely fall between $5,000 and $10,000 per case. The Council indicates that any additional representation or services required as a result of this bill would increase costs to the indigent defense system by an indeterminable amount.
The Department of Safety, Division of State Police, Forensic Lab indicates this bill will have no fiscal impact to the Department.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Judicial Council and Department of Safety