HB 1424-FN - AS INTRODUCED

 

 

2018 SESSION

18-2313

04/01

 

HOUSE BILL 1424-FN

 

AN ACT relative to the penalty for attempts to purchase firearms illegally.

 

SPONSORS: Rep. Silber, Belk. 2

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill increases the penalties for attempting to illegally purchase a firearm.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2313

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the penalty for attempts to purchase firearms illegally.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Penalties for Attempts to Purchase Firearms Illegally.  Amend RSA 159-D:3 to read as follows:

159-D:3  Penalties for Attempts to Purchase Firearms Illegally.  A person who completes and signs an application for purchase of a firearm and who knows or reasonably should know that such purchase is illegal because he or she is [subject to a protective order] prohibited by state or federal law from ownership or possession of a firearm shall be guilty of a class [A misdemeanor] B felony for a first offense and a [class B] class A felony for a second or subsequent offense.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

18-2313

10/30/17

 

HB 1424-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the penalty for attempts to purchase firearms illegally.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill contains penalties 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 2019

FY 2020

Class A Misdemeanor

$72

$73

Routine Criminal Felony Case

$457

$462

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 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.

Department of Corrections

 

 

FY 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

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 Judicial Council assumes this bill would not increase the number of charges brought, but could require more attorney time due to the more serious nature of the charge. The Council indicates the indigent defense system has rarely, if ever, been called upon to defend this charge so the Council assumes the bill would have an insignificant impact on indigent defense expenditures.

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties