HB 486-FN – AS INTRODUCED
2011 SESSION
03/01
HOUSE BILL 486-FN
AN ACT relative to penalties for alcohol ignition interlock circumvention.
SPONSORS: Rep. Hinch, Hills 19; Rep. Rhodes, Hills 22; Rep. Pellegrino, Hills 19; Rep. Tholl, Coos 2; Sen. White, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a minimum sentence of 30 days of imprisonment for alcohol ignition interlock circumvention.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0644
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to penalties for alcohol ignition interlock circumvention.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Alcohol Ignition Interlock Circumvention; Penalty. Amend RSA 265-A:37, V to read as follows:
V. Any person who violates the provisions of this section shall be guilty of a class A misdemeanor and shall be sentenced to not less than 30 days of imprisonment.
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0644
Revised 01/27/11
HB 486 FISCAL NOTE
AN ACT relative to penalties for alcohol ignition interlock circumvention.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2012 and each year thereafter. There is no fiscal impact on local expenditures or state, county and local revenue.
METHODOLOGY:
The Branch states this bill amends RSA 265-A:V to increase the penalty for circumventing an alcohol ignition interlock system from an unspecified misdemeanor to a class A misdemeanor. In accordance with RSA 625:9, IV, unspecified misdemeanors can be charged as either a class A or B misdemeanor with the presumption being it will be a class B misdemeanor. The Branch states the change in cost would be for those unspecified misdemeanors that would be treated as a class B misdemeanor that will now be treated as a class A misdemeanor. The Branch states a class B misdemeanor costs $43.58 in FY 2012 and $44.34 in FY 2013 and each year thereafter, and a class A misdemeanor costs $60.03 in FY 2012 and $60.88 in FY 2013 and each year thereafter. The increase in costs is the difference between the class A and class B misdemeanor, which is $16.45 in FY 2012 and $16.54 in FY 2013 and each year thereafter. However, the possibility of appeals reduces the number of cases needed for a fiscal impact to the Branch in excess of $10,000.
The Judicial Council states the change from an unspecified misdemeanor to a class A misdemeanor may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,000 a year.
The Department of Justice states this bill will not have a fiscal impact on the Department as these charges are typically prosecuted by local or county prosecutors.