SB 438-FN - AS AMENDED BY THE SENATE
3/16/00 3458s
3/16/00 3752s
2000 SESSION
05/09
SENATE BILL 438-FN
AN ACT relative to habitual simple assault.
SPONSORS: Sen. Russman, Dist 19; Sen. Gordon, Dist 2; Sen. Cohen, Dist 24; Sen. Fernald, Dist 11; Sen. Squires, Dist 12; Sen. Wheeler, Dist 21; Sen. J. King, Dist 18; Sen. Below, Dist 5; Sen. D'Allesandro, Dist 20; Rep. Christie, Rock 22
This bill creates a new category of assault, to be known as habitual simple assault, classified as a class B felony. The bill also requires that persons convicted of habitual simple assault receive appropriate counseling.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3/16/00 3458s
3/16/00 3752s
00-2717
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to habitual simple assault.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Classification; Habitual Simple Assault. Amend RSA 631:2-a, II to read as follows:
II. Except as provided in paragraph III, simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.
III. Simple assault shall be a class B felony where the actor has been twice previously convicted of an offense under RSA 631 within a 10-year period, either as a felony or as a class A misdemeanor.
2 Effective Date. This act shall take effect January 1, 2001.
LBAO
00-2717
12/16/99
SB 438-FN - FISCAL NOTE
AN ACT relative to habitual simple assault.
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 for habitual simple assault. 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 and $250 per misdemeanor. The increased cost to the Indigent Defense fund is the difference between the two rates. If an assigned counsel attorney must be used, the hourly rate of $60, with a fee cap of $3,000 for felony cases, and $1,000 for misdemeanor cases will apply. The increased cost to the Indigent Defense Fund is the difference between the two caps. 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 stated that simple assault is one of the most commonly recorded charges with the Indigent Defense system. Most often the charge is plead as part of the final dispositions of a case. Under the provisions of this bill, the police can get an enhanced penalty for a third offense. The result of an enhanced penalty is a more vigorous defense. 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 $19,358 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.