HB 637-FN - AS INTRODUCED
2003 SESSION
04/01
HOUSE BILL 637-FN
AN ACT relative to damages against a defendant based upon the defendant's conviction of a felony offense.
COMMITTEE: Criminal Justice and Public Safety
This bill allows a victim to commence an action for damages against a defendant based upon the defendant's commission of a felony, for which the defendant has been convicted. The action may be commenced within 10 years of the date on which the defendant completes the terms of the sentence.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0451
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to damages against a defendant based upon the defendant's conviction of a felony offense.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Limitations of Actions; Personal Actions. Amend RSA 508:4 by inserting after paragraph II the following new paragraph:
III. Notwithstanding paragraphs I-II of this section, an action for damages against a defendant based upon the defendant's commission of a felony, for which the defendant has been convicted, may be commenced within 10 years of the date on which the defendant completes the terms of the sentence. In cases where the defendant is placed on probation or parole, an action under this paragraph may be commenced within 10 years of the date on which the defendant is discharged from probation or parole.
2 Effective Date. This act shall take effect January 1, 2004.
LBAO
03-0451
Revised 2/11/03
HB 637 FISCAL NOTE
AN ACT relative to damages against a defendant based upon the defendant's conviction of a felony offense.
FISCAL IMPACT:
The Judicial Branch has determined this bill may result in a minimal increase in state expenditures in FY 2004 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill lengthens the statute of limitations for civil actions for damages against a criminal defendant convicted of a felony. This bill allows a victim to commence an action for damages against a defendant within ten years of the date on which the defendant completes the terms of sentence. This proposal is a substantial increase in the general statute of limitations, which is three years. The Judicial Branch has no basis on which to estimate how many additional civil actions this increased statute of limitations may engender. A substantial percentage of felony offenders do not have the assets to satisfy a judgment, therefor, bringing actions against them may be to no avail. Where assets do exist, civil actions will likely continue to be brought within the current statute of limitations. On the assumption that in light of the above considerations not many additional suits will be brought as a result of this bill if enacted, the fiscal impact on the judicial branch should be minimal.