HB 31-FN - AS INTRODUCED
2023 SESSION
23-0063
04/10
HOUSE BILL 31-FN
SPONSORS: Rep. Spillane, Rock. 2; Rep. Notter, Hills. 12; Rep. Cushman, Hills. 28; Rep. Santonastaso, Ches. 18; Rep. Hynes, Hills. 2; Sen. Pearl, Dist 17
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill repeals the prohibition, penalty, and exceptions relating to the carrying and possessing with intent to sell a black jack, slung shot, or metallic knuckles.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0063
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. The following are repealed:
I. RSA 159:16, relative to the prohibition and penalty for carrying or possessing with intent to sell, a blackjack, slung shot, or metallic knuckles.
II RSA 159:17, relative to exceptions on the prohibition and penalty for carrying or possessing with intent to sell, a blackjack, slung shot, or metallic knuckles.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0063
Revised 10/27/22
HB 31-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
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METHODOLOGY:
This bill repeals penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be avoided 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 Branch | FY 2023 | FY 2024 through 12/31/23 | FY 2024 (Starting 1/1/24 with repeal of Felonies First) | |||||
Violation and Misdemeanor Level Offense | $119 | $122 | $122 | |||||
Appeals | Varies | Varies | Varies | |||||
Judicial Council | FY 2023 | FY 2024 | ||||||
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. | ||||||
Contract Attorney – Misdemeanor | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | ||||||
Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap. | $90/Hour up to $2,000 | $90/Hour up to $2,000 | ||||||
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 of 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 2023 | FY 2024 | ||||||
County Prosecution Costs | Indeterminable | Indeterminable | ||||||
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $125 | $105 to $125 | ||||||
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.
It is assumed that any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Judicial Branch, Department Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 20, 2023 | House | Hearing |
| Feb. 10, 2023 | House | Exec Session |
| Feb. 10, 2023 | House | Floor Vote |
| March 28, 2023 | Senate | Hearing |
| May 11, 2023 | Senate | Floor Vote |
Dec. 20, 2023: Inexpedient to Legislate, Senate Rule 3-23, Adjournment 10/26/2023; SJ 21
May 11, 2023: Pending Motion Inexpedient to Legislate; 05/11/2023; SJ 14
May 11, 2023: Sen. Whitley Moved Laid on Table, MA, VV; 05/11/2023; SJ 14
May 1, 2023: Committee Report: Inexpedient to Legislate, 05/11/2023; SC 21
March 22, 2023: Hearing: 03/28/2023, Room 100, SH, 01:00 pm; SC 15
March 14, 2023: Introduced 03/09/2023 and Referred to Judiciary; SJ 10
March 9, 2023: Ought to Pass: MA RC 196-176 03/09/2023 HJ 8 P. 14
Feb. 27, 2023: Minority Committee Report: Ought Not to Pass
Feb. 27, 2023: Majority Committee Report: Ought to Pass 02/10/2023 (Vote 11-8; RC) HC 14 P. 9
Feb. 1, 2023: Executive Session: 02/10/2023 11:00 am LOB 202-204
Jan. 11, 2023: Public Hearing: 01/20/2023 02:45 pm LOB 202-204
Dec. 23, 2022: Introduced 01/04/2023 and referred to Criminal Justice and Public Safety