HB 1025-FN - AS INTRODUCED
2022 SESSION
22-2304
08/04
HOUSE BILL 1025-FN
AN ACT relative to impeding, provoking, or harassing law enforcement officers.
SPONSORS: Rep. Baldasaro, Rock. 5; Rep. Love, Rock. 6; Rep. Sheehan, Hills. 23; Rep. Ulery,
Hills. 37; Rep. S. Pearson, Rock. 6; Rep. Post, Hills. 4; Sen. Carson, Dist 14; Sen.
Giuda, Dist 2
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill makes it a misdemeanor to impede, provoke, or harass a law enforcement officer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 1025-FN - AS INTRODUCED
22-2304
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to impeding, provoking, or harassing law enforcement officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Section; Impeding or Provoking a Law Enforcement Officer. Amend RSA 642 by
2 inserting after section 10 the following new section:
3 642:11 Impeding or Provoking a Law Enforcement Officer.
4 I. After receiving a verbal warning from a law enforcement officer not to approach, no person
5 shall:
6 (a) Violate such warning and approach;
7 (b) Remain within 30 feet of a law enforcement officer who is engaged in the lawful
8 performance of any legal duty with the intent to:
9 (1) Interrupt, disrupt, hinder, impede, or interfere with the law enforcement officer’s
10 ability to perform such duty; or
11 (2) Provoke a physical response from the law enforcement officer.
12 II. A person who violates this section shall be guilty of a class A misdemeanor.
13 2 Effective Date. This act shall take effect January 1, 2023.
LBA
22-2304
10/7/21
HB 1025-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to impeding, provoking, or harassing law enforcement officers.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE: FY 2022 FY 2023 FY 2024 FY 2025
Appropriation $0 $0 $0 $0
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
METHODOLOGY:
This bill contains a penalty 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 Council FY 2022 FY 2023
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. Historically, approximately 85% of the indigent defense caseload
has been handled by the public defender program, with the remaining cases going to contract attorneys
(14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close
intake to new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel
program have had to absorb significantly more cases. The system is experiencing significant delays in
appointing counsel and the costs of representation have increased due to travel time and multiple
appointments.
NH Association of Counties FY 2022 FY 2023
County Prosecution Costs Indeterminable Indeterminable
Estimated Average Daily Cost $105 to $125 $105 to $125
of Incarcerating an Individual
This bill contains penalties that will have an indeterminable impact on the Judicial Branch
system. 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. In the past the
Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal
impact of proposed legislation. The per case data on costs for routine criminal cases currently
available to the Judicial Branch are based on studies of judicial and clerical weighted caseload
times for processing average routine criminal cases that are more than fifteen years old so the
data does not have current validity. A new case study is being conducted and updated estimates
will be available in the future.
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
may be able to absorb the cost within its existing budget. However, if the Department needs to
prosecute significantly more cases or handle more appeals, then costs will increase by an
indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of
Counties