HB 179-FN - AS INTRODUCED
2021 SESSION
21-0337
04/05
HOUSE BILL 179-FN
AN ACT relative to enhanced penalties based on prior convictions for driving under the
influence of drugs or liquor.
SPONSORS: Rep. Abbas, Rock. 8
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes an enhanced penalty for persons convicted of negligent homicide who have
prior convictions for driving under the influence of drugs or liquor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 179-FN - AS INTRODUCED
21-0337
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to enhanced penalties based on prior convictions for driving under the
influence of drugs or liquor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Extended Term of Imprisonment. RSA 651:6, II(c) is repealed and reenacted to read as
2 follows:
3 (c) Has been previously convicted of driving or operating under the influence of drugs or
4 liquor under RSA 265-A:2, aggravated driving while intoxicated under RSA 265-A:3, or negligent
5 homicide under RSA 630:3, II, or under reasonably equivalent offenses in an out-of-state jurisdiction,
6 and such person is charged with an offense under RSA 630:3, II or RSA 265-A:3, I(b) or II(b).
7 2 Extended Term of Imprisonment. Amend RSA 651:6, III(a) to read as follows:
8 (a) Any felony, other than murder [or], manslaughter, negligent homicide under RSA
9 630:3, II, or aggravated driving while intoxicated under RSA 265-A:3, I(b) or II(b), a
10 minimum to be fixed by the court of not more than 10 years and a maximum to be fixed by the court
11 of not more than 30 years;
12 3 Extended Term of Imprisonment. Amend RSA 651:6, III(f)-(g) to read as follows:
13 (f) A third offense under RSA 632-A:3, life imprisonment; [or]
14 (g) Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of
15 not less than 90 days and a maximum of not more than one year; or
16 (h) Negligent homicide under RSA 630:3, II or aggravated driving while
17 intoxicated under RSA 265-A:3, I(b) or II(b), provided that the court may consider an
18 enhanced sentence of not less than 10 years or more than 20 years where the person has
19 once previously been convicted under RSA 265-A:2, I, RSA 265-A:3, or RSA 630:3, II, or under
20 a reasonably equivalent offense in an out-of-state jurisdiction; or
21 (i) Negligent homicide under RSA 630:3, II or aggravated driving while
22 intoxicated under RSA 265-A:3, I(b) or II(b), provided that the court may consider an
23 enhanced sentence of not less than 15 years or more than 30 years where the person has, on
24 2 or more prior occasions, been convicted under RSA 265-A:2, I, RSA 265-A:3, or RSA 630:3,
25 II, or under a reasonably equivalent offense in an out-of-state jurisdiction.
26 4 Effective Date. This act shall take effect January 1, 2022.
LBA
21-0337
12/8/20
HB 179-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to enhanced penalties based on prior convictions for driving under the
influence of drugs or liquor.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2021 FY 2022 FY 2023 FY 2024
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Expenditures $0 Indeterminable Indeterminable Indeterminable
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Expenditures $0 Indeterminable Indeterminable Indeterminable
METHODOLOGY:
This bill establishes enhanced penalties for negligent homicide, based on prior convictions for
driving under the influence of drugs or liquor, that may have an impact on the New Hampshire
judicial and correctional systems. There is no method to determine how many charges would be
brought as a result of the changes contained in this bill to determine the fiscal impact on
expenditures. However, the entities impacted have provided the potential costs associated with
these penalties below.
Judicial Branch FY 2021 FY 2022
Simple Criminal Case $309 $309
Routine Criminal Felony Case $494 $494
Appeals Varies Varies
It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is
more than ten years old and does not reflect changes to the courts over that same period of time or the
impact these changes may have on processing the various case types.
Judicial Council
Public Defender Program Has contract with State to Has contract with State to
provide services. provide services.
Contract Attorney – Felony $825/Case $825/Case
Assigned Counsel – Felony.
Homicide (Including capital $100/Hour up to $20,000 $100/Hour up to $20,000
cases)
Assigned Counsel – Felony $60/Hour up to $4,100 $60/Hour up to $4,100
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to
be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled
by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned
counsel (1%).
Department of Corrections
FY 2020 Average Cost of $47,691 $47,691
Incarcerating an Individual
FY 2020 Annual Marginal
Cost of a General Population $6,407 $6,407
Inmate
FY 2020 Average Cost of
Supervising an Individual on $584 $584
Parole/Probation
NH Association of Counties
County Prosecution Costs Indeterminable Indeterminable
Estimated Average Daily Cost $105 to $120 $105 to $120
of Incarcerating an Individual
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice
has investigative and prosecutorial responsibility or is involved in an appeal, the Department
would likely absorb the cost within its existing budget. If the Department needs to prosecute
significantly more cases or handle more appeals, then costs may increase by an indeterminable
amount.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire
Association of Counties
Statutes affected: Introduced: 651:6
latest version: 651:6