HB 1517-FN - AS INTRODUCED
2000 SESSION
09/01
HOUSE BILL 1517-FN
This bill memorializes the New Hampshire bill of rights, part 1, articles 1-39 of the New Hampshire constitution, as the law of the land. The bill also makes violation of the bill of rights by the state or a political subdivision or agency of the state a class B felony.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2350
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT memorializing the New Hampshire bill of rights as the law of the land.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; New Hampshire Bill of Rights Memorialized as Law of the Land. Amend RSA by inserting after chapter 3-D the following new chapter:
CHAPTER 3-E
MEMORIALIZED AS LAW OF THE LAND
3-E:1 New Hampshire Bill Rights.
I. Any court ruling or rule; any state statute or rule; any municipal or county ordinance or regulation; or any policy of the state or a political subdivision or agency of the state which would compromise, contravene, or violate the clear, unambiguous language in any of the 39 articles of the New Hampshire bill of rights shall have no lawful effect. Any such ruling, rule, statute, ordinance, regulation, or policy shall be null and void and repugnant as enumerated in part 2, article 5 of the New Hampshire constitution.
II. Any violation under paragraph I of this section shall be a class B felony.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2350
12/16/99
HB 1517-FN - FISCAL NOTE
AN ACT memorializing the New Hampshire bill of rights as the law of the land.
FISCAL IMPACT:
The Administrative Office of the Courts, Judicial Council and the Department of Corrections have determined this bill may increase state expenditures by an indeterminable amount in FY 2001 and each year thereafter. There will be no fiscal impact on county and local expenditures or on state, county and local revenue.
METHODOLOGY:
The Administrative Office of the Courts stated this bill creates a new category of class B felony offense. The Office has determined the legislation will have little, if any, fiscal impact on the Branch as it will not significantly impact caseload.
The Judicial Council assumed that any cases arising from the enactment of this law for which the Indigent Defense Fund may be liable, will, in the first instance be handled by the Public Defender or contract attorneys who accept these cases on a fixed fee basis of $687.50 for each felony charge. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $3,000 for felony cases will apply. If a motion to exceed the fee cap is approved and/or "services other than counsel" are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases or trials which may arise as a result of the passage of this legislation, therefor, they are unable to estimate the dollar amount of the anticipated costs of such representation.
The Department of Corrections is unable to predict how many, if any, individuals would be incarcerated as result of this legislation. The average cost of incarceration for FY 1999 was $19,388 per inmate. The average cost of probation/parole supervision was $842 per inmate.
The Department of Justice has stated this bill will have no fiscal impact on the Department.