Bill Text: NH HB400 | 2024 | Regular Session | Amended
Bill Title: Relative to certain assault offenses, bail eligibility for commission of certain assault offenses, and making a false report to a law enforcement officer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed) 2024-01-03 - Refer to Interim Study, Motion Adopted, Voice Vote; 01/03/2024; Senate Journal 1 [HB400 Detail]
Download: New_Hampshire-2024-HB400-Amended.html
HB 400-FN - AS AMENDED BY THE HOUSE
22Mar2023... 0602h
2023 SESSION
23-0635
04/08
HOUSE BILL 400-FN
SPONSORS: Rep. Roy, Rock. 31
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes a separate criminal penalty and bail conditions for assaults involving a law enforcement officer, firefighter, or emergency medical services worker. The bill also establishes a criminal penalty for making a false report to a law enforcement officer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Mar2023... 0602h 23-0635
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; First Degree Assault; Assault of a Firefighter, EMS, or Law Enforcement Officer. Amend RSA 631:1, I by inserting after subparagraph (d) the following new subparagraph:
(e)(1) Knowingly or recklessly causes serious bodily injury to a police officer, firefighter, or emergency medical services worker during the performance of such officer's official duty; or commits such an act against a police officer whether the officer is on duty or not, where it can be established that the intent was to harm the officer because of his or her present or previous employment as a law enforcement officer.
(2) A law enforcement officer who has probable cause to believe that a person has violated this subparagraph may immediately arrest such person, without a warrant, and shall cause such person to be brought before a judge, either in person or otherwise, for a determination of bail.
2 New Subparagraph; Second Degree Assault; Assault of a Firefighter, EMS, or Law Enforcement Officer. Amend RSA 631:2, I by inserting after subparagraph (f) the following new subparagraph:
(g)(1) Purposely, knowingly, or recklessly causes bodily injury or unprivileged physical contact to a police officer, firefighter or emergency medical services worker during the performance of such officer's official duty.
(2) A law enforcement officer who has probable cause to believe that a person has violated this subparagraph may immediately arrest such person, without a warrant, and shall cause such person to be brought before a judge, either in person or otherwise, for a determination of bail.
3 New Subparagraph; Simple Assault; Assault of a Firefighter, EMS, or Law Enforcement Officer. Amend RSA 631:2-a, I by inserting after subparagraph (c) the following new subparagraph:
(d)(1) After being warned to do so, and where physically possible, refuses to back away from and remain at a distance from a police officer as directed by the officer in the performance of their duty, where a reasonable officer would be in fear of their safety or the safety of a member of the public.
(2) A law enforcement officer who has probable cause to believe that a person has violated this subparagraph may immediately arrest such person, without a warrant, and shall cause such person to be brought before a judge, either in person or otherwise, for a determination of bail. If the court finds probable cause to believe such person has violated this subparagraph, the person shall be considered to be dangerous and may, after a full evidentiary hearing, be held without bail at the discretion of the court.
4 False Reports to Law Enforcement. Amend RSA 641:4 to read as follows:
641:4 False Reports to Law Enforcement.
I. A person is guilty of a misdemeanor if he or she:
[I.] (a) Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that another has committed an offense; or
[II.] (b) Knowingly gives or causes to be given information to any law enforcement officer concerning the commission of an offense, or the danger from an explosive or other dangerous substance, knowing that the offense or danger did not occur or exist or knowing that he or she has no information relating to the offense or danger.
II. A person is guilty of a class A misdemeanor if he or she knowingly reports to a law enforcement officer or agency, by word or action, false or baseless information regarding an allegation of criminal misconduct by a law enforcement officer, firefighter, or emergency medical services worker in the performance of such officer's duty.
III. A person is guilty of a misdemeanor if he or she knowingly reports to a law enforcement officer or agency, by word or action, false or baseless information regarding an allegation of misconduct by a law enforcement officer, firefighter, or emergency medical services worker in the performance of such officer's duty.
5 Effective Date. This act shall take effect January 1, 2024.
23-0635
Amended 3/31/23
HB 400-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0602h)
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill establishes a separate criminal penalty and bail conditions for assaults involving a law enforcement officer, firefighter, or emergency medical services worker. The bill also establishes a criminal penalty for making a false report to a law enforcement officer. This bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2023 | FY 2024 through 12/31/23 | FY 2024 (Starting 1/1/24 with repeal of Felonies First) | ||||||||
Violation and Misdemeanor Level Offense | $119 | $122 | $122 | ||||||||
Complex Felony Case | $3,195 | $3,244 | $3,366 | ||||||||
Routine Criminal Case | $644 | $657 | $779 | ||||||||
Appeals | Varies | Varies | Varies | ||||||||
Judicial Council | FY 2023 | FY 2024 | |||||||||
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. | |||||||||
Contract Attorney - Felony | $825/Case $105 administrative fee $200 incarceration fee (If applicable) | $825/Case $105 administrative fee $200 incarceration fee (If applicable) | |||||||||
Contract Attorney – Misdemeanor | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | |||||||||
Assigned Counsel - Felony. Travel time to court does not count toward the cap. | $90/Hour up to $5,500 | $90/Hour up to $5,500 | |||||||||
Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap. | $90/Hour up to $2,000 | $90/Hour up to $2,000 | |||||||||
Assigned Counsel - Supreme Court Appeal | $125/Hour up to $10,000 | $125/Hour up to $10,000 | |||||||||
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake of new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments. | |||||||||||
Department of Corrections | FY 2023 | FY 2024 | |||||||||
FY 2022 Average Cost of Incarcerating an Individual | $64,223 | $64,223 | |||||||||
FY 2022 Annual Marginal Cost of a General Population Inmate | $6,123 | $6,123 | |||||||||
FY 2022 Average Cost of Supervising an Individual on Parole/Probation | $688 | $688 | |||||||||
The Department notes any increase in the incarcerated population will have a direct impact on overtime costs given the Department’s history of challenges associated with recruitment. In addition, the NH State Prison for Men has a degrading infrastructure which will only be exacerbated if an increase in the incarcerated population were to occur. | |||||||||||
NH Association of Counties | FY 2023 | FY 2024 | |||||||||
County Prosecution Costs | Indeterminable | Indeterminable | |||||||||
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $125 | $105 to $125 | |||||||||
In addition the costs identified in the table above the Judicial Branch assumes the bill would result in new detention bail hearings before a judge. The Branch does not have information on the number of additional bail hearings that may result from the bill.
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.
The New Hampshire Municipal Association indicates it is possible that additional law enforcement expenses for personnel and equipment costs will be incurred. However, the Association was not able to find data to suggest that the subject behavior is widespread or unpunishable under current law. The Association anticipates any additional local costs would be de minimus.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, New Hampshire Municipal Association and New Hampshire Association of Counties
