Revision: Jan. 16, 2025, 10:59 a.m.
SB 58-FN - AS INTRODUCED
2025 SESSION
25-1017
09/11
SENATE BILL 58-FN
AN ACT relative to venue in criminal cases.
SPONSORS: Sen. Pearl, Dist 17; Sen. Lang, Dist 2; Sen. Reardon, Dist 15; Sen. Innis, Dist 7; Sen. Rochefort, Dist 1; Sen. Watters, Dist 4; Sen. Murphy, Dist 16; Rep. Moffett, Merr. 4; Rep. Seaworth, Merr. 12; Rep. Wood, Merr. 13; Rep. Aures, Merr. 13
COMMITTEE: Judiciary
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ANALYSIS
This bill broadens criminal venue to allow for prosecution in the county or judicial district where an element of the offense occurred in situations where all of the elements of the offense do not occur in one county or judicial district.
This bill is a request of the office of the Merrimack county attorney.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-1017
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to venue in criminal cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Venue; Parts of Offense in More Than One County. Amend RSA 602:1 to read as follows:
602:1 Parts of Offense in More Than One County, etc. Offenders shall be prosecuted and tried in the county or judicial district thereof in which the offense was committed. But if any person is feloniously stricken, wounded or poisoned in one county or judicial district thereof and dies thereof in another, or if parts of an offense are committed or different elements of the offense occur in more than one county or judicial district thereof, the offense shall be deemed to have been committed, the offender may be prosecuted, and the trial may be had in either county or judicial district thereof.
2 Effective Date. This act shall take effect January 1, 2026.
25-1017
Revised 1/16/25
SB 58-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to venue in criminal cases.
FISCAL IMPACT: This bill does not provide funding.
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Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | Indeterminable Increase ($10,000 to $100,000) | Indeterminable Increase ($10,000 to $100,000) | Indeterminable Increase ($10,000 to $100,000) | ||
Funding Source(s) | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
METHODOLOGY:
This bill allows for a prosecution to be brought in a any venue where an element of that crime has occurred. The Department of Justice states this bill could increase General Fund expenditures, potentially ranging from $10,000 to $100,000, depending on prosecution costs affected by the location of witnesses. Cases may be brought in venues that require witnesses to incur greater travel expenses. However, the specific fiscal impact related to witness costs remains indeterminable at this time.
The Judicial Branch states this bill has the potential to increase General Fund expenditures by $10,000 or less due to the additional costs associated with an increase in litigation.
AGENCIES CONTACTED:
Department of Justice and Judicial Branch