HB 277-FN – AS INTRODUCED
2007 SESSION
04/03
HOUSE BILL 277-FN
AN ACT relative to obstructing or preventing a probation-parole officer in the course of his or her official duties.
SPONSORS: Rep. Burridge, Ches 3
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a class A felony for purposely engaging in any act that obstructs or prevents a probation-parole officer from discharging his or her duties.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0443
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to obstructing or preventing a probation-parole officer in the course of his or her official duties.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Hindering Apprehension or Prosecution. Amend RSA 642:3 by inserting after paragraph II the following new paragraph:
III. A person is guilty of a class A felony if such person purposely engages in any act that obstructs or prevents a probation-parole officer, as defined in RSA 188-F:23, V, from discharging his or her duties.
2 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0443
1/23/07
HB 277-FN - FISCAL NOTE
AN ACT relative to obstructing or preventing a probation-parole officer in the course of his or her official duties.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Justice, and Department of Corrections state this bill may increase state and county expenditures by an indeterminable amount in FY 2008 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would add to the crime of hindering apprehension or prosecution in RSA 642:3 by adding a subsection III to make purposely engaging in any act that obstructs or prevents a probation-parole officer from discharging his or her duties a class A felony. The Branch estimates judicial, clerical, jury, and bailiff cost of a routine felony case at $296.88 per charge based on current salary levels. The Branch is unable to determine the exact fiscal impact at this time.
The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will, in the first instance, be handled by the public defender or contract attorney who accepts these cases on a fixed fee basis of $756.25 per felony charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $3,000 will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any charge within the criminal justice system, committed by a juvenile, will be compensated within the flat fee contract system of $275 per case through disposition, plus $206.25 for each and every review hearing following disposition. Assigned counsel will be at the $60 per hour rate with a fee cap of $1,200. The fee cap may be waived upon motion filed with the court and approved in advance. Any case where a defendant has been found guilty may also result in appeals to either the Superior Court or to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.
LBAO
07-0443
1/23/07
The Department of Justice states the proposed new criminal offenses would be prosecuted by county attorneys. Any appeal to the Supreme Court from a conviction obtained by a county attorney would be handled by the Appellate Unit of the Criminal Justice Bureau. An average appeal takes a full-time attorney two weeks to research and prepare a brief, plus an additional twelve hours to prepare and present an oral argument to the Supreme Court. The preparation of a brief requires approximately three hours of secretarial time, plus one hour of copying/binding time. The Department estimates this bill could result in approximately 5 appeals per year. The Department is unable to determine the exact fiscal impact at this time.
The Department of Corrections states they are unable to determine the fiscal impact at this time since the number of individuals violating the provisions of this bill cannot be predicted. The average annual cost of incarcerating an individual in the general prison population was $31,140 for FY 2006. The cost to supervise an offender by the Department’s Division of Field Services was $1,174 for FY 2006.