HB 776-FN - VERSION ADOPTED BY BOTH BODIES
06/05/2025 2485s
26Jun2025... 2863CofC
2025 SESSION
25-0803
09/08
HOUSE BILL 776-FN
SPONSORS: Rep. Roy, Rock. 31; Rep. Proulx, Hills. 15; Rep. Rhodes, Ches. 17; Sen. Abbas, Dist 22; Sen. Birdsell, Dist 19
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill adds wrong-way driving to the list of aggravating factors that can elevate a driving while intoxicated offense to an aggravated driving while intoxicated offense.
This bill also proclaims the Virginia opossum the state marsupial of New Hampshire and renames such opossums within the borders of the state as "New Hampshire opossums."
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06/05/2025 2485s
26Jun2025... 2863CofC 25-0803
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Aggravated Driving While Intoxicated; Aggravating Factor Added. Amend RSA 265-A:3, I(d)-(e) to read as follows:
(d) Carries as a passenger a person under the age of 16; [or]
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or
(f) Drives or operates a vehicle in violation of 265:26, I;
2 Aggravated Driving While Intoxicated; Aggravating Factor Added. Amend RSA 265-A:3, II(d)-(e) to read as follows:
(d) Carries as a passenger a person under the age of 16; [or]
(e) Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or
(f) Drives or operates a vehicle in violation of 265:26, I; or
3 New Section; State Marsupial. Amend RSA 3 by inserting after section 31 the following new section:
3:32 State Marsupial. The Virginia opossum (Didelphis virginiana) is hereby designated as the official state marsupial of New Hampshire and such opossums found within our borders shall be known as "New Hampshire opossums."
I. Sections 1-2 of this act shall take effect January 1, 2026.
II. The remainder of this act shall take effect 60 days after its passage.
25-0803
1/12/25
HB 776-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the crime of aggravated driving while intoxicated.
FISCAL IMPACT:
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
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 | Amendment |
|---|---|
| June 4, 2025 | 2025-2485s |
| June 19, 2025 | 2025-2863CofC |
| Date | Body | Type |
|---|---|---|
| Feb. 12, 2025 | House | Hearing |
| Feb. 21, 2025 | House | Hearing |
| March 14, 2025 | House | Exec Session |
| March 19, 2025 | House | Exec Session |
| March 19, 2025 | House | Floor Vote |
| April 8, 2025 | Senate | Hearing |
| May 1, 2025 | Senate | Floor Vote |
| April 8, 2025 | Senate | Hearing |
| May 1, 2025 | Senate | Floor Vote |
| June 26, 2025 | Senate | Floor Vote |
| June 26, 2025 | Senate | Floor Vote |
| June 26, 2025 | House | Floor Vote |
June 26, 2025: Conference Committee Report 2025-2863c: Adopted, VV 06/26/2025 HJ 18
June 26, 2025: Conference Committee Report # 2025-2863c, Adopted, VV; 06/26/2025; SJ 17
June 19, 2025: Conference Committee Report Filed, # 2025-2863c; 06/26/2025
June 13, 2025: Conferee Change: Rep. D. Mannion Replaces C. McGuire 06/12/2025
June 18, 2025: Conference Committee Meeting: 06/18/2025 11:00 am LOB 202-204
June 11, 2025: President Appoints: Senators Gannon, Birdsell, Fenton; (In Recess 06/05/2025); SJ 16
June 11, 2025: Sen. Gannon Accedes to House Request for Committee of Conference, MA, VV; (In recess 06/05/2025); SJ 16
June 10, 2025: Speaker Appoints: Reps. Roy, C. McGuire, Rhodes, A. Murray 06/05/2025 HJ 16 P. 15
June 10, 2025: House Non-Concurs with Senate Amendment 2025-2485s and Requests CofC (Rep. Kofalt): MA VV 06/05/2025 HJ 16
June 5, 2025: Ought to Pass with Amendment #2025-2485s, MA, VV; OT3rdg; 06/05/2025; SJ 15
June 5, 2025: Ought to Pass with Amendment #2025-2485s, MA, VV; OT3rdg; 06/05/2025; SJ 15
June 5, 2025: Sen. Fenton Floor Amendment # 2025-2485s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Sen. Fenton Floor Amendment # 2025-2485s, AA, VV; 06/05/2025; SJ 15
June 5, 2025: Sen. Birdsell Moved to Remove From Table, MA, VV; 06/05/2025; SJ 15
May 1, 2025: Pending Motion Ought to Pass; 05/01/2025; SJ 11
June 5, 2025: Sen. Birdsell Moved to Remove From Table, MA, VV; 06/05/2025; SJ 15
May 1, 2025: Pending Motion Ought to Pass; 05/01/2025; SJ 11
May 1, 2025: Sen. Gannon Moved Laid on Table, MA, VV; 05/01/2025; SJ 11
May 1, 2025: Sen. Gannon Moved Laid on Table, MA, VV; 05/01/2025; SJ 11
May 1, 2025: HB 776 was Removed from the Consent Calendar; 05/01/2025; SJ 11
April 23, 2025: Committee Report: Ought to Pass, 05/01/2025; Vote 4-0; CC; SC 19
May 1, 2025: HB 776 was Removed from the Consent Calendar; 05/01/2025; SJ 11
April 23, 2025: Committee Report: Ought to Pass, 05/01/2025; Vote 4-0; CC; SC 19
April 3, 2025: Hearing: 04/08/2025, Room 100, SH, 01:10 pm; SC 16
March 28, 2025: Introduced 03/27/2025 and Referred to Judiciary; SJ 10
April 3, 2025: Hearing: 04/08/2025, Room 100, SH, 01:10 pm; SC 16
June 10, 2025: Ought to Pass: MA VV 03/26/2025 HJ 10 P. 15
March 28, 2025: Introduced 03/27/2025 and Referred to Judiciary; SJ 10
March 19, 2025: Committee Report: Ought to Pass 03/19/2025 (Vote 16-0; CC) HC 17 P. 11
March 10, 2025: Executive Session: 03/19/2025 10:00 am LOB 202-204
March 6, 2025: ==CANCELLED== Executive Session: 03/14/2025 10:00 am LOB 202-204
Feb. 13, 2025: ==CONTINUED== Public Hearing: 02/21/2025 01:00 pm LOB 202-204
Feb. 7, 2025: ==RECESSED== Public Hearing: 02/12/2025 02:15 pm LOB 202-204
Jan. 29, 2025: ==CANCELLED== Public Hearing: 02/06/2025 02:15 pm LOB 202-204
Jan. 23, 2025: Introduced (in recess of) 01/09/2025 and referred to Criminal Justice and Public Safety HJ 3 P. 27