SB 311-FN - AS INTRODUCED

2019 SESSION

19-0881

04/01

SENATE BILL 311-FN

AN ACT relative to annulment of criminal records.

SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Sen. Feltes, Dist 15; Rep. Rodd, Merr. 6

COMMITTEE: Judiciary

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ANALYSIS

This bill provides for annulment of a criminal record without payment of a fee in certain cases, specifies eligibility for annulment in cases in which restitution is ordered, or the defendant was diagnosed with post-traumatic stress disorder, or the defendant was under 20 years of age at the time of the offense.  The bill also reduces the waiting period for annulment of a conviction for driving or operating under the influence of a controlled drug or intoxicating liquor.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0881

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to annulment of criminal records.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Annulment of Criminal Records.  Amend RSA 651:5, II and the introductory paragraph in RSA 651:5, II-a to read as follows:

II.  For an offense disposed of before January 1, 2019 and any offense not subject to paragraph II-a, any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time, without payment of a fee, in accordance with the provisions of this section.  Any person who was convicted of a criminal offense whose conviction was subsequently vacated by a court may petition for annulment of the arrest record or court record, or both, in accordance with the provisions of this section.  Nothing in this paragraph shall limit the provisions of subparagraph XI(b).

II-a.(a)  For an offense disposed of on or after January 1, 2019, any person whose arrest has resulted in a finding of not guilty on all charges that resulted from the arrest, or whose case was dismissed or not prosecuted, shall have the arrest record and court record annulled without payment of a fee:

2  New Paragraphs; Annulment of Criminal Records.  Amend RSA 651:5 by inserting after paragraph III the following new paragraphs:

III-a.  For the purpose of determining eligibility to petition for an annulment, the defendant shall be deemed to have completed the court-ordered restitution portion of the sentence when he or she has paid at least 35 percent of the restitution.  Nothing in this paragraph shall be construed to relieve the defendant of the obligation to pay the full restitution.

III-b.  Notwithstanding paragraph V, a defendant who provides written certification from a licensed health care provider qualified to diagnose post-traumatic stress disorder that the defendant suffered from post-traumatic stress disorder at the time of the offense for which he or she was convicted may petition for an annulment of the record of arrest, conviction, and sentence as provided in this section or after 5 years of the date of the completion of the sentence, whichever is earlier, and regardless of whether the post-traumatic stress disorder was offered as a defense at trial.

III-c.  A person who was less than 20 years of age at the time of the commission of the crime for which he or she was convicted may petition for annulment of the record of arrest, conviction, and sentence pursuant to this section or when the person reaches 23 years of age, whichever is earlier.  This paragraph shall not apply to the conviction for an offense listed in paragraph V.  

3  Driving or Operating Under the Influence of Drugs or Liquor; Annulment.  Amend RSA 265-A:21, I to read as follows:

I.  Notwithstanding the provisions of RSA 651:5, no court shall order an annulment of any record of conviction of driving or attempting to drive a vehicle upon any way or driving, operating, attempting to operate, or being in actual physical control of an OHRV or operating or attempting to operate a boat on the waters of this state while under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or while having an alcohol concentration of 0.08 or more or of aggravated drunken driving until [10] at least 3 years after the date of conviction.  Any record [thus] annulled pursuant to this section shall be retained in a permanent file, to be opened only for purposes of sentencing in the case of an offense under RSA 265-A:3.

4  Effective Date.  This act shall take effect 60 days after its passage.

LBAO

19-0881

1/28/19

SB 311-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to annulment of criminal records.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

The Judicial Branch was originally contacted on January 2, 2019 for a fiscal note worksheet, which they have not provided as of January 28, 2019.

METHODOLOGY:

This bill provides for annulment of a criminal record without payment of a fee in certain cases as well as specifies eligibility for annulment in cases in which restitution is ordered, the individual was under the age of 20 at the time of the offense, or the individual was diagnosed with post-traumatic stress disorder.  The bill also reduces the waiting period for annulment of a conviction for driving or operating under the influence from 10 years to 3 years.

The Department of Safety assumes to the extent criminal record annulments without a fee increase, it will result in an indeterminable decrease to revenue.  The bill may also result in increase workloads for the Department's existing resources.

AGENCIES CONTACTED:

Department of Safety and Judicial Branch