This bill seeks to reinforce the rights of the accused in criminal proceedings and to increase the penalty assessment for alcohol or controlled drug offenses, with the additional funds allocated to the state crime lab. It introduces new sections to RSA 604 to protect constitutional rights, including setting time frames for speedy trials, discovery rights, depositions, and evidence preservation. It also prohibits law enforcement officers from lying during interrogations and ensures defendants can discuss their cases with the media and have all exculpatory evidence presented to a grand jury. The bill amends RSA 106-L:10 to raise the penalty assessment from 24 to 30 percent and adds a $50 assessment for alcohol or drug charges. The revenue from these assessments is distributed to various funds, including the state general fund, victims' assistance fund, and judicial branch information technology fund. The act is set to take effect on January 1, 2024, with an indeterminable fiscal impact on the state, potentially requiring additional judges and court staff.

The bill is expected to increase revenue for the New Hampshire Judicial Branch IT Dedicated Fund, the Department of Justice Victims Assistance Fund, and the General Fund by approximately $134,892 and $539,406, respectively. However, the Judicial Branch warns that the trend of decreasing penalty assessments could lead to a decline in revenue over time. The new $50 penalty assessment for alcohol or drug offenses is directed to the state crime lab, but the exact revenue is uncertain and would require changes to the Judicial Branch’s systems, incurring additional costs. The bill also expands the right to depositions in criminal cases, which could significantly increase attorney time and related costs, such as transcription services. The Department of Safety states that the fiscal impact of the additional $50 penalty assessment is indeterminable, and the New Hampshire Association of Counties indicates no impact on county revenues or expenditures.

Statutes affected:
Introduced: 106-L:10