SB 311-FN - AS AMENDED BY THE HOUSE

03/14/2019   0796s

8Jan2020... 2799h

8Jan2020... 0012h

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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AMENDED ANALYSIS

This bill provides for annulment of a criminal record without payment of a fee in certain cases and specifies a waiting period for the annulment of simple possession drug-related offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2019   0796s

8Jan2020... 2799h

8Jan2020... 0012h 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 Paragraph; Annulment of Criminal Records.  Amend RSA 651:5 by inserting after paragraph III the following new paragraph:

III-a.  A person who was less than 25 years of age at the time of the commission of a simple possession drug-related 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 27 years of age, whichever is earlier.  This paragraph shall not apply to the conviction for an offense listed in paragraph V.

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

LBAO

19-0881

Amended 4/5/19

SB 311-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-0796s)

AN ACT relative to annulment of criminal records.

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

METHODOLOGY:

This bill provides for annulment of a criminal record without payment of a fee in certain cases as well as specifies the waiting period for annulment in cases involving domestic violence offenses, certain first-time offenses, or the defendant was under the age of 25 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 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 increased workloads for the Department's existing resources.

AGENCIES CONTACTED:

Department of Safety