HB 347-FN - AS INTRODUCED
2021 SESSION
21-0332
11/05
HOUSE BILL 347-FN
AN ACT relative to driving with a suspended license.
SPONSORS: Rep. Abbas, Rock. 8
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill makes driving after a license has been suspended for driving or operating under the
influence of drugs or liquor in this or any out-of-state jurisdiction a misdemeanor, and imposes a fine
on any person who does so. The bill also clarifies that prior out-of-state convictions for driving after
revocation or suspension may be considered when determining whether a person is guilty of a
misdemeanor for driving after revocation or suspension.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 347-FN - AS INTRODUCED
21-0332
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to driving with a suspended license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Subparagraph; Motor Vehicles; Driving After Revocation or Suspension. Amend RSA
2 263:64, V-a by inserting after subparagraph (b) the following new subparagraph:
3 (c) A person violating this section whose license or driving privilege has been suspended
4 pursuant to the provisions of RSA 265-A:30, or pursuant to a reasonably equivalent law in any other
5 jurisdiction, shall be guilty of a misdemeanor and fined $500 plus penalty assessment.
6 2 Motor Vehicles; Driving After Revocation or Suspension. Amend RSA 263:64, VI to read as
7 follows:
8 VI. Any person who violates the provisions of this section shall be guilty of a misdemeanor
9 upon conviction based upon a complaint which alleged that the person has had one or more prior
10 convictions for driving after revocation or suspension in this state or reasonably equivalent
11 offenses in any other jurisdiction within the 7 years preceding the date of the second or
12 subsequent offense.
13 3 Effective Date. This act shall take effect 60 days after its passage.
 LBA
21-0332
12/30/20
HB 347-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to driving with a suspended license.
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 Indeterminable Indeterminable Indeterminable
Expenditures $0 Indeterminable Indeterminable Indeterminable
Funding Source: [ X ] General [ ] Education [ X ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Expenditures $0 Indeterminable Indeterminable Indeterminable
METHODOLOGY:
This bill expands the criteria relative to driving under a suspended license to meet a
misdemeanor level offense. 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 or fine revenue. However, the entities impacted have provided the potential costs
associated with these penalties below.
Judicial Branch FY 2021 FY 2022
Violation Level Offense $53 $53
Class B Misdemeanor $55 $55
Class A Misdemeanor $78 $78
Simple Criminal Case $309 $309
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. An unspecified misdemeanor can be
either class A or class B, with the presumption being a class B misdemeanor.
Judicial Council
Public Defender Program Has contract with State to Has contract with State to
 provide services. provide services.
Contract Attorney – $300/Case $300/Case
Misdemeanor
Assigned Counsel – $60/Hour up to $1,400 $60/Hour up to $1,400
Misdemeanor
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%).
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.
The Department of Safety states it would incur no fiscal impact from this bill.
AGENCIES CONTACTED:
Judicial Branch, Department of Safety, Department of Justice, Judicial Council, and New
Hampshire Association of Counties


Statutes affected:
Introduced: 263:64
Ought to Pass: 263:64
latest version: 263:64