HB 1186-FN - AS INTRODUCED
2001 SESSION
04/09
HOUSE BILL 1186-FN
AN ACT relative to penalties for flag desecration.
SPONSORS: Rep. Thompson, Hills 47; Rep. Hill, Rock 29; Rep. Introne, Rock 29; Rep. Greenberg, Hills 46; Rep. Balcom, Hills 18
COMMITTEE: Criminal Justice and Public Safety
This bill makes desecration of the United States or New Hampshire flag a class B misdemeanor with a fine of not less than $300. The bill also establishes a $250 fine for knowingly casting contempt upon the United States or New Hampshire flag.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-2002
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to penalties for flag desecration.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Desecration of the Flag; New Hampshire Flag Added. Amend RSA 646-A:2 to read as follows:
646-A:2 Desecration Prohibited.
I. It shall be unlawful to knowingly desecrate a flag of the United States or New Hampshire while it is properly displayed.
II. It shall be unlawful to knowingly desecrate a flag of the United States or New Hampshire while it is the property of another.
III. A person who violates the provisions of this section shall be guilty of a class B misdemeanor and subject to a fine not less than $300 and not to exceed $1,000.
2 Desecration of the Flag; New Hampshire Flag Added; Fine Added. Amend RSA 646-A:4 to read as follows:
646-A:4 Penalties. Whoever knowingly casts contempt upon the flag of the United States or New Hampshire by desecrating [the] such flag when [it is] properly displayed, or when such flag is the property of another, shall be guilty of a class A misdemeanor and shall be subject to a minimum fine of $250.
3 Effective Date. This act shall take effect January 1, 2003.
LBAO
01-2002
8/1/01
HB 1186-FN - FISCAL NOTE
AN ACT relative to penalties for flag desecration.
FISCAL IMPACT:
The Judicial Council states this bill will increase state expenditures by an indeterminable amount in FY 2002 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Council states this bill establishes a new criminal offense of desecration of a flag, either the United States or New Hampshire flag, a class B misdemeanor. It also establishes a $250 fine for knowingly casting contempt upon the United States or New Hampshire flag. A class B misdemeanor as the criminal penalty established for the offense of flag desecration does not entitle an individual to criminal representation under the terms of the New Hampshire or United States constitution, since no deprivation of liberty would result from the imposition of the criminal penalty established. Hence, in this instance there is no impact on the Indigent Defense Fund. However, this bill also makes desecration of the flags a class A misdemeanor, and under this penalty there is a right to counsel as a misdemeanor which includes the potential for incarceration and the loss of liberty. The misdemeanor charge for desecration of the United States flag is already an existing statutory provision, this bill adds the New Hampshire flag to the existing statute. For purposes of determining the fiscal impact, it is 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 $250 per misdemeanor. If an assigned counsel attorney must be used, the hourly rate of $60, with a fee cap of $1,000 for each misdemeanor case 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 that may result from the enactment of the proposed bill, therefore, they are unable to estimate the dollar amount of the anticipated costs of such representation.
The Administrative Office of the Courts and Departments of Justice and Corrections stated this bill will have no fiscal impact on their departments.