HB 694-FN – AS INTRODUCED
2005 SESSION
09/01
HOUSE BILL 694-FN
AN ACT relative to interference with service of process.
SPONSORS: Rep. Ulery, Hills 27
This bill establishes that a person may be found in criminal contempt of court for interference with service of process.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0828
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to interference with service of process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Purpose. The purpose of this act is to compel persons or entities with knowledge of the whereabouts, residence, or actual or likely location of a named person in a legal proceeding in a court in New Hampshire or in a court of any other jurisdiction of the United States or as authorized by contract law or by interstate compact or treaty or international treaty to provide that information so that the named person may be located and the judicial process begun.
2 New Section; Interference with Service of Process. Amend RSA 510 by inserting after section 17 the following new section:
510:18 Interference With Service of Process.
I. It shall be unlawful for any person:
(a) To hide, obstruct, or withhold information regarding the whereabouts, residence, or location of a person sought in order to serve notice to the named person of required attendance upon a court or tribunal.
(b) To provide misleading, obfuscatory, or false information on the whereabouts, residence, or location of a person sought in order to serve notice to the named person of required attendance upon a court or tribunal.
(c) To assault, beleaguer, way lay, obstruct, or interfere with any individual attempting to make service of such notice.
II. Upon an affidavit made to any court, the person with such information shall be required to appear before that court to show good cause as to why he or she should not be held in contempt of court for failing to provide good, accurate, and true information for the rapid, efficient, and equitable administration of judicial process. If such person cannot show good cause, he or she may be found in criminal contempt of court, which shall be punishable by up to 90 days’ imprisonment.
3 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0828
Revised 2/15/05
HB 694 FISCAL NOTE
AN ACT relative to interference with service of process.
FISCAL IMPACT:
The Judicial Branch and Judicial Council have determined this bill may increase state general fund expenditures by an indeterminable amount in FY 2006 and each year thereafter. The NH Association of Counties has determined this bill may increase county expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would allow for an individual to be held in criminal contempt punishable by up to ninety days in prison for interfering with service of process. The Judicial Branch states this bill may have an indeterminable fiscal impact on the Branch because it cannot estimate how many criminal contempt proceedings may be brought pursuant to this bill. The Branch states any fiscal impact will result in increased delays in the processing of other cases.
The Judicial Council states it cannot determine the number of cases that may result from this bill. If an individual charged under this bill has been determined to be indigent, the court will appoint an attorney to represent the defendant. If a pubic defender or contract attorney is appointed to the case, the fixed contract rate of $187.50 for an “other” case type will apply to each case. If an assigned counsel attorney must be used due to either conflict of interest or caseload limitations, the $60 per hour rate will apply to the case, with a fee cap of $1,000 per case. The fee cap may be waived upon motion filed in advance with the court. There also may be costs related to services other than counsel.
The NH Association of Counties states penalties under this bill may increase county expenditures by an indeterminable amount, depending on the number of individuals incarcerated pre-trial and sentenced in a county facility. The Association states that to the extent individuals are prosecuted for the offense established in this bill, counties may incur the cost of pre-trial detainment at county corrections facilities, as well as the cost of incarcerating sentenced inmates. The average annual cost for counties to incarcerate inmates is $22,634.