Bill Text: NH HB1333 | 2022 | Regular Session | Amended
Bill Title: Relative to the definition of a "way" for the purposes of driving under the influence of drugs or liquor and administrative license suspensions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2022-05-26 - Conference Committee Report 2022-2063c: Failed, DV 154-193 05/26/2022 House Journal 14 [HB1333 Detail]
Download: New_Hampshire-2022-HB1333-Amended.html
HB 1333-FN - AS AMENDED BY THE SENATE
10Mar2022... 0813h
04/21/2022 1553s
2022 SESSION
22-2556
04/08
HOUSE BILL 1333-FN
SPONSORS: Rep. Abbas, Rock. 8
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill amends the definition of a "way" for the purposes of driving under the influence of drugs or liquor and administrative license suspensions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2022... 0813h
04/21/2022 1553s 22-2556
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Motor Vehicles; Definition of "Way". Amend RSA 259:125, II to read as follows:
II. For the purposes of RSA 265:71, IV, RSA 265:79, [RSA 265-A:2, I, and RSA 265-A:3], and RSA 265-A, any public highway, street, avenue, road, alley, park, parking lot or parkway; any private way laid out under authority of statute; ways provided and maintained by public institutions to which state funds are appropriated for public use; any privately owned and maintained way open for public use; and any private parking lots, including parking lots and other out-of-door areas of commercial establishments which are generally maintained for the benefit of the public.
2 Effective Date. This act shall take effect upon its passage.
22-2556
Amended 4/8/22
HB 1333-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2022-0813h)
AN ACT relative to previous convictions for driving while intoxicated.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
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 contains changes to penalties relative to driving while intoxicated convictions 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 Council | FY 2022 | FY 2023 |
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
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 to 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. | ||
NH Association of Counties | FY 2022 | FY 2023 |
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $125 | $105 to $125 |
This bill contains changes that may have an indeterminable impact on the Judicial Branch system. 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. In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation. The per case data on costs for routine criminal cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times for processing average routine criminal cases that are more than fifteen years old so the data does not have current validity. A new case study is being conducted and updated estimates will be available in the future.
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.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties
