HB 1187-FN - AS AMENDED BY THE SENATE
21feb02...2465h
4/11/02 3361s
2001 SESSION
04/10
HOUSE BILL 1187-FN
AN ACT establishing a committee to study criminal penalties for possession of a firearm in a safe school zone.
SPONSORS: Rep. W. Johnson, Belk 4; Rep. D. Flanders, Belk 7; Rep. Knowles, Straf 11; Rep. Pilliod, Belk 3; Rep. Thomas, Belk 3; Sen. Johnson, Dist 3
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a committee to study criminal penalties for possession of a firearm in a safe school zone.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21feb02...2465h
4/11/02 3361s
01-2200
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT establishing a committee to study criminal penalties for possession of a firearm in a safe school zone.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Committee Established. There is established a committee to study the criminal penalties for possession of a firearm in a safe school zone.
2 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the senate, appointed by the president of the senate.
(b) Five members of the house of representatives, appointed by the speaker of the house.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
3 Duties. The committee shall study criminal penalties for possession of a firearm in a safe school zone.
4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Five members of the committee shall constitute a quorum.
5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2002.
6 Effective Date. This act shall take effect upon its passage.
LBAO
01-2200
8/29/01
HB 1187-FN - FISCAL NOTE
AN ACT relative to criminal penalties for possession of a firearm in a safe school zone.
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 it is difficult to predict what the effect of the enhanced criminal penalty might have on the time associated with the representation of the enhanced school zone misdemeanor. The time spent on these cases will have a direct financial impact for assigned counsel cases. The enhanced penalty will also require more vigorous defense, and in the situations, more time spent on these cases often results in the overall reduced capacity of either backup program to handle more new cases. This leads to more cases being handled by the assigned counsel. 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 this proposed bill, therefore, they are unable to estimate the dollar amount of the anticipated costs of such representation.
The Department of Justice states any increase as a result of this bill could be handled within their existing appropriations.
The Administrative Office of the Courts and the Department of Corrections state this bill will have no fiscal impact on their departments.