CHAPTER 166
HB 236-FN-LOCAL - FINAL VERSION
4march99.....0174h
1999 SESSION
HOUSE BILL 236-FN-LOCAL
AN ACT relative to felonious disarming of a law enforcement officer.
SPONSORS: Rep. Pepino, Hills 40; Rep. Tholl, Coos 5; Rep. K. MacDonald, Carr 7; Rep. Buckley, Hills 44
COMMITTEE: Criminal Justice and Public Safety
This bill makes the taking of a firearm from a law enforcement officer or an attempted taking of a firearm from a law enforcement officer where the firearm is discharged a class A felony.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4march99.....0174h
99-0016
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to felonious disarming of a law enforcement officer.
Be it Enacted by the Senate and House of Representatives in General Court convened:
166:1 New Section; Taking a Firearm From a Law Enforcement Officer; Class A Felony. Amend RSA 642 by inserting after section 3 the following new section:
642:3-a Taking a Firearm From a Law Enforcement Officer.
I. Whoever knowingly takes a firearm:
(a) From the person of a law enforcement officer, while such officer is engaged in the performance of official duties; and
(b) Against that officer's will; or attempts to do so, shall be punished as provided in paragraph II.
II. The punishment for an offense under this section is:
(a) In the case of an offense other than an attempt, or an offense that is an attempt during which the firearm is discharged (other than intentionally by the officer), a class A felony; and
(b) In the case of any other offense that is an attempt, a class B felony.
III. It shall be an affirmative defense to prosecution under this section if an individual acts to disarm an officer engaging in felonious conduct or conduct so reckless as to endanger the lives of others. However, a conviction resulting from that conduct need not be obtained to present this defense.
IV. A term of imprisonment imposed under this section shall not run concurrently with any other term of imprisonment imposed with respect to the same criminal episode.
V. In this section:
(a) "Firearm" has the meaning given that term in section 921 of Title 18 of the United States Code.
(b) "Law enforcement officer" means law enforcement officer as defined in RSA 630:1, II.
166:2 Effective Date. This act shall take effect January 1, 2000.
(Approved: July 1, 1999)
(Effective Date: January 1,2000)
LBAO
99-0016
12/16/98
HB 236-FN-LOCAL - FISCAL NOTE
AN ACT relative to felonious disarming of a law enforcement officer.
FISCAL IMPACT:
The Administrative Office of the Courts, Judicial Council and Department of Corrections have stated this bill may increase state expenditures by an indeterminable amount in FY 2000 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenues.
METHODOLOGY:
The Administrative Office of the Courts states that to the extent this bill creates a new category of class A felony offense, the caseload at the superior court will increase. However, it is not anticipated that the increase resulting from this legislation alone will significantly impact costs.
The Judicial Council is unable to predict the actual number of occurrences of this charge which may result, thus no actual cost can be determined. However, there is a likelihood that individuals who commit this crime are more apt to be indigent than others. The case would most likely be handled by the public defender in the first instance or a contract attorney, both of whom handle the case on a fixed fee basis. In this case, $605 per felony case is the standard contract rate. If the case must be handled by an assigned counsel attorney due to conflict, the hourly rate of $60, with a fee cap of $3,000 would prevail. If the case is handled by any component of the system that is unfamiliar with the fact patterns or inexperienced, the case cost may increase.
The Department of Corrections is unable to predict how many, if any, individuals would be incarcerated as a result of this legislation. The average cost of incarceration for FY 1998 was $19,029 per inmate. The average cost of probation/parole supervision was $833.