Revision: April 11, 2022, 10:02 a.m.
HB 1333-FN - AS AMENDED BY THE HOUSE
10Mar2022... 0813h
2022 SESSION
22-2556
04/08
HOUSE BILL 1333-FN
AN ACT relative to previous convictions for driving while intoxicated.
SPONSORS: Rep. Abbas, Rock. 8
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill specifies penalties for a third or subsequent offense for driving or operating under the influence of drugs or liquor which occur within a 20-year 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2022... 0813h 22-2556
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to previous convictions for driving while intoxicated.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Penalties for Intoxication or Under the Influence of Drugs Offenses. Amend the introductory paragraph of RSA 265-A:18, IV(b) to read as follows:
(b) For a third offense, [any] if the complaint alleges that the prior conviction occurred within 20 years preceding the date of the present offense, a person convicted under this paragraph shall be subject to all the penalties of subparagraph (a) except that:
2 Penalties for Intoxication or Under the Influence of Drugs Offenses. Amend the introductory paragraph of RSA 265-A:18, IV(c) to read as follows:
(c) For a fourth or subsequent offense, [any] if the complaint alleges that the prior conviction occurred within 20 years preceding the date of the present offense, a person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony, and the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 7 years.
3 Penalties for Intoxication or Under the Influence of Drugs Offenses. Amend RSA 265-A:18, V to read as follows:
V.(a) If any person is convicted of a violation of RSA 265-A:2, I or RSA 265-A:3, and the conviction is not based upon a complaint which alleges prior convictions as provided in paragraph IV, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within 10 years preceding the date of the offense, the person's driver's license or privilege to drive shall be revoked for not less than one year nor more than 3 years. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. The person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. The court may suspend up to 6 months of this sentence, conditional on completion of the required evaluation within 30 days of the court's finding, completion of the service plan developed by the IDCMP, and payment of all relevant fees.
(b) Any person convicted of a violation of RSA 265-A:2, I(a) and the conviction is based upon a complaint which alleges a prior conviction under RSA 265-A:2, I or RSA 265-A:3, or RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction, occurring within 10 years of the date of the present offense, shall be guilty of a class A misdemeanor.
4 Effective Date. This act shall take effect January 1, 2023.
22-2556
Amended 4/8/22
HB 1333-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2022-0813h)
AN ACT relative to previous convictions for driving while intoxicated.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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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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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase |
Indeterminable Increase
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METHODOLOGY:
This bill contains changes to penalties relative to driving while intoxicated convictions 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