HB 1630-FN – AS INTRODUCED
2010 SESSION
04/05
HOUSE BILL 1630-FN
AN ACT relative to filing criminal complaints.
SPONSORS: Rep. Watrous, Merr 12; Rep. DiFruscia, Rock 4
COMMITTEE: Criminal Justice and Public Safety
This bill allows any person to file a criminal complaint with the clerk of the district court alleging a violation-level offense, a class B misdemeanor offense, or a class A misdemeanor offense.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2609
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to filing criminal complaints.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Jurisdiction and Procedure Generally; Complaints. Amend RSA 592-A:7, I to read as follows:
I.(a) Criminal proceedings before a district court shall be begun by complaint, signed and under oath, addressed to the clerk of such court, briefly setting forth, by name or description, the party accused and the offense charged, provided that a complaint filed by a police officer, as defined in RSA 188-F:23, I, for a violation-level offense shall not require a signature or an oath. Any complaint filed electronically shall include notice that making a false statement on the complaint may result in criminal prosecution.
(b) The clerk of the district court shall accept a complaint, signed and under oath, by any person alleging a violation-level offense, a class B misdemeanor offense, or a class A misdemeanor offense. For each complaint filed under this subparagraph, the clerk shall determine if probable cause exists. The clerk may hold a conference with the parties if additional facts are needed to determine probable cause. The clerk may dismiss the complaint if no probable cause exists or by consent of the parties.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2609
12/14/09
HB 1630-FN - FISCAL NOTE
AN ACT relative to filing criminal complaints.
FISCAL IMPACT:
The Judicial Branch states this bill will increase state expenditures by an indeterminable amount in FY 2011 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or on county and local expense.
METHODOLOGY:
The Judicial Branch states the proposed bill would add RSA 592-A:7, I(b) to allow any person to file a violation or misdemeanor complaint in the district court. According to the new section, the district court clerk would determine if probable cause exists, including the possibility of a conference with the parties if additional facts are needed to determine probable cause. The Branch states no statute or court rule currently governs the filing of citizen complaints. They have been allowed as a matter of common law; however, the New Hampshire Supreme Court has ruled, as a matter of common law, that they may not be filed for class A misdemeanors. Thus, the proposed bill would expand the types of citizen complaints possible to include class A misdemeanors. The Branch states, currently few citizen complaints are filed in the district court, although any such complaints filed are much more expensive for the Branch to process than the normal violation or class B misdemeanor complaint. The Branch states this additional expense would be even greater for class A misdemeanors where incarceration and appeal to the superior court for a jury trial are possible outcomes. The additional cost of processing a citizen complaint is seen in both the clerical and judicial spheres and generally results from the unfamiliarity of the citizen complainant with the prosecution of criminal complaints. The Branch is unable to quantify this additional cost, but is concerned that a statute authorizing the filing of citizen criminal complaints would result in many more being filed, leading to a fiscal impact of well in excess of $10,000. The Branch also states costs could increase further due to the fact the bill requires district court clerks to make probable cause determinations. The Branch states district court clerks are generally not lawyers and not used to making such legal decisions. Thus, were this bill to be enacted, the Branch would have to invest an indeterminate amount into the education of district court clerks in the making of the probable cause decisions. The Branch cannot estimate the fiscal impact of the proposed bill with any precision. It does believe, however, that the proposed bill has the potential for a significant fiscal impact.