SB 414-FN - AS INTRODUCED
2024 SESSION
24-2944
09/10
SENATE BILL 414-FN
SPONSORS: Sen. Gannon, Dist 23; Sen. Avard, Dist 12; Sen. Ward, Dist 8; Sen. Bradley, Dist 3; Sen. Pearl, Dist 17; Sen. Birdsell, Dist 19; Sen. Abbas, Dist 22; Sen. Gendreau, Dist 1; Sen. Carson, Dist 14; Rep. Weyler, Rock. 14; Rep. Hobson, Rock. 14; Rep. Porcelli, Rock. 19
COMMITTEE: Judiciary
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ANALYSIS
This bill sets a mandatory minimum sentence for the crime of distribution of a controlled drug with death resulting.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2944
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Controlled Drug Act; Penalties. Amend RSA 318-B:26, IX to read as follows:
IX. Any person who manufactures, sells, or dispenses methamphetamine, lysergic acid, diethylamide phencyclidine (PCP) or any other controlled drug classified in schedules I or II, or any controlled drug analog thereof, in violation of RSA 318-B:2, I or I-a, is strictly liable for a death which results from the injection, inhalation or ingestion of that substance, and [may] shall be sentenced to not less than 10 years of imprisonment up to [for] life imprisonment [or for such term as the court may order]. For purposes of this section, the person's act of manufacturing, dispensing, or selling a substance is the cause of a death when:
(a) The injection, inhalation or ingestion of the substance is an antecedent but for which the death would not have occurred; and
(b) The death was not:
(1) Too remote in its occurrence as to have just bearing on the person's liability; or
(2) Too dependent upon conduct of another person which was unrelated to the injection, inhalation or ingestion of the substance or its effect, as to have a just bearing on the person's liability. It shall not be a defense to a prosecution under this section that the decedent contributed to his own death by his purposeful, knowing, reckless or negligent injection, inhalation or ingestion of the substance or by his consenting to the administration of the substance by another. Nothing in this section shall be construed to preclude or limit any prosecution for homicide. A conviction arising under this section shall not merge with a conviction of one as a drug enterprise leader or for any other offense defined in this chapter.
2 Effective Date. This act shall take effect January 1, 2025.
24-2944
11/27/23
SB 414-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] 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 | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2024 | Senate | Hearing |
| Jan. 11, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| March 20, 2024 | House | Hearing |
| March 29, 2024 | House | Exec Session |
| March 29, 2024 | House | Floor Vote |
Oct. 10, 2024: Died on Table, Session ended 10/10/2024 HJ 17
May 2, 2024: Lay SB414 on Table (Rep. Roy): MA DV 340-24 05/02/2024 HJ 12 P. 35
April 8, 2024: Committee Report: Without Recommendation 03/29/2024 (Vote 10-10; RC) HC 17 P. 16
March 21, 2024: Executive Session: 03/29/2024 01:30 pm LOB 202-204
March 13, 2024: Public Hearing: 03/20/2024 01:30 pm LOB 202-204
March 12, 2024: Introduced 03/07/2024 and referred to Criminal Justice and Public Safety HJ 7 P. 110
March 7, 2024: Ought to Pass: RC 18Y-6N, MA; OT3rdg; 03/07/2024; SJ 6
March 7, 2024: Sen. Soucy Moved to Reconsider the following action taken by this Body: Rescind Order to Third Reading and Reconsider the Vote on Ought to Pass, MA VV; 03/07/2024; SJ 6
March 7, 2024: Ought to Pass: RC 16Y-8N, MA; OT3rdg; 03/07/2024; SJ 6
Feb. 21, 2024: Committee Report: Ought to Pass, 03/07/2024, Vote 3-2; SC 9
Dec. 20, 2023: Hearing: 01/11/2024, Room 100, SH, 09:45 am; SC 49
Jan. 3, 2024: Hearing: 01/11/2024, Room 100, SH, 09:45 am; SC 2
Dec. 12, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1