HB 1654-FN - AS INTRODUCED
2020 SESSION
20-2129
04/08
HOUSE BILL 1654-FN
AN ACT relative to previous convictions for driving while intoxicated.
SPONSORS: Rep. Abbas, Rock. 8
COMMITTEE: Criminal Justice and Public Safety
-----------------------------------------------------------------
ANALYSIS
This bill specifies penalties for a third or subsequent offense for driving or operating under the influence of drugs or liquor which occur within a 20-year period.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2129
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to previous convictions for driving while intoxicated.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Penalties for Intoxication or Under the Influence of Drugs Offenses. Amend the introductory paragraph of RSA 265-A:18, IV(b) to read as follows:
(b) For a third offense, [any] if the complaint alleges that the prior conviction occurred within 20 years preceding the date of the present offense, a person convicted under this paragraph shall be subject to all the penalties of subparagraph (a) except that:
2 Penalties for Intoxication or Under the Influence of Drugs Offenses. Amend the introductory paragraph of RSA 265-A:18, IV(c) to read as follows:
(c) For a fourth or subsequent offense, [any] if the complaint alleges that the prior conviction occurred within 20 years preceding the date of the present offense, a person convicted under this paragraph shall be subject to all the penalties of subparagraphs (a) and (b) except that the person shall be guilty of a felony, and the person's driver's license or privilege to drive shall be revoked indefinitely and the person shall not petition for eligibility to reapply for a driver's license as provided in subparagraph (b)(1) for at least 7 years.
3 Penalties for Intoxication or Under the Influence of Drugs Offenses. Amend RSA 265-A:18, V to read as follows:
V.(a) If any person is convicted of a violation of RSA 265-A:2, I or RSA 265-A:3, and the conviction is not based upon a complaint which alleges prior convictions as provided in paragraph IV, but the person is found to have had one or more such prior convictions in this state or in an out-of-state jurisdiction within 10 years preceding the date of the offense, the person's driver's license or privilege to drive shall be revoked for not less than one year nor more than 3 years. The court shall refer the person to an IDCMP to schedule a full substance use disorder evaluation. The person shall schedule a substance use disorder evaluation within 30 days of release, complete the required substance use disorder evaluation within 60 days of release, and comply with the service plan developed. The IDCMP shall administer the substance use disorder evaluation and shall develop the service plan from that substance use disorder evaluation. The court may suspend up to 6 months of this sentence, conditional on completion of the required evaluation within 30 days of the court's finding, completion of the service plan developed by the IDCMP, and payment of all relevant fees.
(b) Any person convicted of a violation of RSA 265-A:2, I(a) and the conviction is based upon a complaint which alleges a prior conviction under RSA 265-A:2, I or RSA 265-A:3, or RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction, occurring more than 10 years after the date of the present offense, shall be guilty of a class A misdemeanor.
4 Effective Date. This act shall take effect January 1, 2021.
20-2129
12/12/19
HB 1654-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to previous convictions for driving while intoxicated.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
|
|
|
| |