Revision: Feb. 13, 2023, 9:25 a.m.
SB 76-FN - AS AMENDED BY THE SENATE
02/09/2023 0419s
2023 SESSION
23-0974
04/07
SENATE BILL 76-FN
AN ACT relative to reporting of medico-legal deaths.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill creates the option of notification to the law enforcement agency having primary jurisdiction of the area in which remains thought to be human are found and adds a criminal penalty for failure to report a medico-legal death.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0419s 23-0974
04/07
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to reporting of medico-legal deaths.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Office of the Chief Medical Examiner; Mandatory Reporting of Medico-Legal Deaths. Amend RSA 611-B:12 to read as follows:
611-B:12 Mandatory Reporting of Medico-Legal Deaths. It shall be the duty of anyone who finds the body of any person whose death is suspected to have been caused or to have occurred in any manner described in RSA 611-B:11, or who finds remains which are thought to be human to immediately notify the medical examiner, the law enforcement agency having primary jurisdiction of the area, [and] or the county attorney for the county where the body or remains are found. Any person who violates this section shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2024.
23-0974
Amended 2/13/23
SB 76-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2023-0419s)
AN ACT relative to reporting of medico-legal deaths.
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 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 |
METHODOLOGY:
This bill creates the option of notification to the law enforcement agency having primary jurisdiction of the area in which remains thought to be human are found and adds a criminal penalty for failure to report a medico-legal death. The bill contains a penalty 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 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.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties