SB 193-FN-LOCAL - AS INTRODUCED
2015 SESSION
15-0499
09/08
SENATE BILL 193-FN-LOCAL
AN ACT relative to the duties of the attorney general and county attorneys.
SPONSORS: Sen. Carson, Dist 14; Sen. Cataldo, Dist 6; Sen. Birdsell, Dist 19; Rep. Hopper, Hills 2; Rep. Welch, Rock 13
This bill specifies the duties of the attorney general and county attorneys.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0499
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to the duties of the attorney general and county attorneys.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Attorney General; Powers and Duties as State’s Attorney. RSA 7:6 is repealed and reenacted to read as follows:
7:6 Powers and Duties as State’s Attorney.
I. The attorney general shall act as attorney for the state in all criminal and civil cases in the supreme court in which the state is interested.
II. The attorney general shall act as attorney for the state in the prosecution of all persons accused of crimes punishable by death or imprisonment for life.
III. The attorney general shall act as attorney for the state in all criminal cases in which the investigation and/or prosecution is initiated by law enforcement officers, investigators, or attorneys acting under his or her direction or by consent of the county attorney in the county in which the prosecution shall occur.
IV. The attorney general shall have the power to collect uncollected debts owed to the state as set forth in RSA 7:15-a.
2 County Attorneys; Duties. Amend RSA 7:34 to read as follows:
7:34 Duties. The county attorney of each county shall [be under the direction of the attorney general, and, in the absence of the latter, he or she shall perform all the duties of the attorney general’s office for the county] act as attorney for the state in all criminal cases pending before the superior court or other courts for his or her county. If no other representation is provided, under the direction of the county commissioners he or she shall prosecute or defend any suit in which the county is interested. The county attorney shall tax all costs arising in state or county suits in his or her county for the consideration of the court.
3 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0499
01/30/15
SB 193-FN-LOCAL - FISCAL NOTE
AN ACT relative to the duties of the attorney general and county attorneys.
FISCAL IMPACT:
The New Hampshire Association of Counties states this bill, as introduced, will increase county expenditures by an indeterminable amount in FY 2016 and each year thereafter. There will be no impact on state and local expenditures or state, county, and local revenue.
METHODOLOGY:
The New Hampshire Association of Counties states this bill eliminates the provision that the county attorneys “shall be under the direction of the attorney general.” It would provide that the county attorneys shall act as the attorney for the state in all criminal cases in the superior and circuit courts, except for those cases in which the person faces death or life imprisonment and cases investigated and/or initiated under the direction of the Department of Justice. The Association states to the extent county attorneys act as attorneys for the State in all criminal cases pending before the superior court or other courts of their county in lieu of the Department of Justice, the counties will have increased expenditures in prosecution costs and hiring additional attorneys and staff. The Association is unable to estimate how many more cases will be handled at the county level but assumes such costs could be significant.
The Department of Justice states this bill will have no fiscal impact on its operations. The Department states this bill would not dramatically alter the current respective prosecutorial functions of the Department and the county attorneys.