HB 196-FN - AS AMENDED BY THE HOUSE
20Feb2025... 0192h
2025 SESSION
25-0169
09/05
HOUSE BILL 196-FN
AN ACT relative to annulling certain cannabis possession offenses.
SPONSORS: Rep. Wheeler, Hills. 33; Rep. H. Howard, Straf. 4; Rep. W. Thomas, Hills. 12; Rep. Tom Mannion, Hills. 1; Rep. Read, Rock. 10
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill requires the annulment of misdemeanor or violation-level offenses for possession of cannabis prior to January 1, 2025 upon petition.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20Feb2025... 0192h 25-0169
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to annulling certain cannabis possession offenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Criminal Code; Sentences; General Provisions; Cannabis Convictions and Sentences. Amend RSA 651 by inserting after section 5-b the following new section:
651:5-c Annulment of Certain Arrests and Convictions for Cannabis Possession.
I. Convictions and arrests for misdemeanor or violation-level offenses for possession of cannabis prior to January 1, 2025 shall be annulled by the department of safety and the courts upon petition by a person who has been convicted of such an offense.
II. Any person who believes that he or she is eligible for annulment pursuant to this section may request that the department of safety examine his or her arrest or conviction to determine whether it should be annulled. Should the department of safety fail to annul a qualified record, any person so aggrieved may petition the court without fee for further review of eligibility.
III. Eligible annulments of convictions and violations pursuant to this section shall be granted notwithstanding the existence of outstanding court-imposed or court-related fees, fines, costs, assessments, or charges. Annulments shall not be granted until any sentence of incarceration or probation has been completed except for financial obligations.
IV. By January 16, 2026, and every year thereafter, the department of safety shall publish a report on its website on the number of qualified records removed from its records pursuant to this section. The department of safety shall deliver a copy of the reports to the chairs of the New Hampshire house of representatives criminal justice and public safety committee and the New Hampshire senate judiciary committee.
2 Effective Date. This act shall take effect upon its passage.
25-0169
11/6/24
HB 196-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to annulling, resentencing, or discontinuing prosecution of certain cannabis offenses.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | ||
Revenue Fund(s) | General Fund | |||||
Expenditures* | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General, Highway and Turnpike Funds | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
METHODOLOGY:
This bill allows for additional annulments, resentencings, or discontinuations of prosecutions for
certain cannabis offenses.
The Department of Corrections states the fiscal impact of this bill is indeterminable as the Department cannot predict the number of individuals that would be affected by the bill. Currently, the Department collects $100 for annulment investigations. This bill would waive any fees for such investigations. The Department estimates it would take an average of thirty minutes per annulment investigation. The Department anticipates existing staff would conduct these investigations. The hourly wage for staff completing these investigations, (Corrections Protective Service - Group Schedule 33C, Band 5, step 6), is $48.98 per hour plus a per hour benefit cost of $22.38 for a total of $71.36 per hour. Staff would likely have to conduct the investigations on overtime which would increase the rate to $101.30 ($73.47 with benefits of $27.83).
The Department of Safety, Division of State Police indicates the fiscal impact of this bill is indeterminable, but anticipates it will be significant. This bill calls for additional hearings to determine if it is appropriate to annul or resentence previously prosecuted offenses. The Department states these hearings would require a significant amount of research and preparation for Department of Safety prosecutors, Troopers and other staff. The total hours required for the additional hearings is impossible to predict. In addition, the Department indicates programming will be needed to “automatically” annul records once received by the criminal records unit. This cost is also indeterminable at this time. Removing qualified convictions from one’s record will likely cause a need for additional staff given the 6-month time frame in proposed RSA 651:5-c.
The Judicial Branch states it is not possible to estimate how this change in law would impact the number of filings in the courts. The Branch expects there would be an increase in petitioners for the proposed relief, and therefore an increase in court hearings. The Branch suggests that adjusting some of the bill's provisions might lower the cost to the courts; for example, requiring petitioners to serve the prosecuting agency, rather than requiring the court system to notify the prosecuting agency. An adjustment of the effective date may also help the court system to manage costs by including changes to forms and training to staff in planned updates and trainings.
In addition to the impacts identified above, there may be additional expenditures for county and local prosecutors.
It is assumed that any fiscal impact would occur after FY 2025.
AGENCIES CONTACTED:
Departments of Safety, Corrections and the Judicial Branch
| Date | Amendment |
|---|---|
| Feb. 11, 2025 | 2025-0192h |
| Date | Body | Type |
|---|---|---|
| Jan. 23, 2025 | House | Hearing |
| Jan. 23, 2025 | House | Exec Session |
| Feb. 5, 2025 | House | Floor Vote |
Feb. 20, 2025: Ought to Pass with Amendment 0192h: MA VV 02/20/2025 HJ 6
Feb. 20, 2025: Amendment # 0192h: AA VV 02/20/2025 HJ 6
Feb. 11, 2025: Committee Report: Ought to Pass with Amendment # 2025-0192h (NT) 02/05/2025 (Vote 13-0; CC) HC 12 P. 3
Feb. 11, 2025: Executive Session: 01/23/2025 12:00 pm LOB 202-204
Jan. 14, 2025: Public Hearing: 01/23/2025 12:00 pm LOB 202-204
Jan. 8, 2025: Introduced 01/08/2025 and referred to Criminal Justice and Public Safety HJ 2 P. 10