HB 1064-FN - AS INTRODUCED
2024 SESSION
24-2403
09/05
HOUSE BILL 1064-FN
AN ACT relative to penalties for violation of protective orders.
SPONSORS: Rep. Santonastaso, Ches. 18
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill repeals the provision directing peace officers to seize any firearms, ammunition, and certain deadly weapons subsequent to an arrest for a violation of a protective order issued under the chapter.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2403
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to penalties for violation of protective orders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Repeal. RSA 173-B:9, I(b), relative to seizure of firearms, ammunition, or certain dangerous weapons, is repealed.
2 Effective Date. This act shall take effect January 1, 2025.
24-2403
10/9/23
HB 1064-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to penalties for violation of protective orders.
FISCAL IMPACT: [ X ] State [ ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] Yes • Does this bill authorize new positions to implement this bill? [X] No | ||||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
METHODOLOGY:
This bill repeals the provision directing peace officers to seize any firearms, ammunition, and certain deadly weapons subsequent to an arrest for a violation of a protective order issued under the chapter.
The Judicial Branch states it is not possible to estimate how this bill would impact the frequency and complexity of filings.
The New Hampshire Municipal Association indicates, under current law, most seizures of weapons are conducted by municipal police officers, and the municipal police department must store the firearms, ammunition, and certain deadly weapons. The Association reports there may be increased municipal costs associated with the bill. Officers and prosecutors will need to be trained on the changes, it may be necessary to devote additional time and resources investigating the underlying offense and the prosecutorial process, including seeking particular bail requirements related to the possession of firearms, ammunition, and those deadly weapons. The additional time and resources necessary will vary by jurisdiction However, the Association assumes there may also be decreased municipal costs as officers, including evidence officers, will no longer need to seize firearms, ammunition, and certain deadly weapons, potentially saving officer time, as well as labeling and storage costs.
AGENCIES CONTACTED:
Judicial Branch and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 12, 2024 | House | Hearing |
| Jan. 19, 2024 | House | Exec Session |
| Jan. 19, 2024 | House | Floor Vote |
Feb. 1, 2024: Inexpedient to Legislate: MA VV 02/01/2024 HJ 3 P. 4
Jan. 24, 2024: Committee Report: Inexpedient to Legislate 01/19/2024 (Vote 20-0; CC) HC 4 P. 4
Jan. 11, 2024: Executive Session: 01/19/2024 02:00 pm LOB 202-204
Jan. 4, 2024: Public Hearing: 01/12/2024 09:30 am LOB 202-204
Nov. 27, 2023: Introduced 01/03/2024 and referred to Criminal Justice and Public Safety