HB 207-FN – AS INTRODUCED
2011 SESSION
04/05
HOUSE BILL 207-FN
AN ACT relative to physical force in defense of a person.
SPONSORS: Rep. Pepino, Hills 11; Rep. Infantine, Hills 13; Rep. Mirski, Graf 10; Rep. Ball, Hills 9; Rep. Proulx, Hills 15; Rep. Simmons, Hills 17; Rep. Jennifer Coffey, Merr 6; Rep. Tamburello, Rock 3; Rep. Warden, Hills 7; Rep. DeLemus, Straf 1; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. De Blois, Dist 18; Sen. Stiles, Dist 24
COMMITTEE: Criminal Justice and Public Safety
This bill allows a person who is in any place where he or she has a right to be to use deadly force to protect oneself. The bill also provides criminal and civil immunity to any person who uses deadly force as authorized under law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0039
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to physical force in defense of a person.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Physical Force in Defense of a Person. Amend RSA 627:4, II(d) to read as follows:
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor’s dwelling [or], its curtilage, or in any place where the actor has a right to be.
2 Physical Force in Defense of a Person. Amend RSA 627:4, III(a) to read as follows:
(a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling [or], its curtilage, or in any place where he or she has a right to be, and was not the initial aggressor; or
3 New Paragraph; Physical Force in Defense of a Person. Amend RSA 627:4 by inserting after paragraph III the following new paragraph:
IV. No person who uses deadly force as authorized in paragraph II shall be subject to criminal prosecution or civil action.
4 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0039
01/04/11 Revised
HB 207-FN - FISCAL NOTE
AN ACT relative to physical force in defense of a person.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, Department of Corrections and the New Hampshire Association of Counties state this bill may decrease state and county expenditures by an indeterminable amount in FY 2012 and each year thereafter. The Department of Justice states this bill will have an indeterminable fiscal impact on state expenditures in FY 2012 and each year thereafter. There is no fiscal impact on local expenditures or state, county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill amends RSA 627:4, II(d) and III(a) and would add RSA 627:4, IV to allow a person who is in any place where the person has a right to use deadly force to protect oneself, providing criminal and civil immunity for any person who uses deadly force. The Branch states this bill could result in a decrease in costs to the Branch by removing complex criminal and complex civil cases. The Branch has no information to estimate how many cases will no longer be brought but does have estimated costs for processing a complex criminal case and a complex civil case. The Branch states a complex criminal case costs $753.36 per case in FY 2012 and $759.71 per case in FY 2013 and each year thereafter. A complex civil case costs $640.23 in FY 2012 and $648.08 in FY 2013 and each year thereafter. The Branch also states this bill could result in fewer appeals resulting in some cost decreases but has no information to determine the number of appeals that may not be made.
The Judicial Council states this bill may decrease expenditure of indigent defense funds by an indeterminable amount but has no information to determine how many indigent defenses clients would not have been charged if this bill was in effect. The Council is able to provide information on the cost of misdemeanor and felony cases involving indigent defense clients. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor or $756.24 per felony is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge and $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Justice states this bill will have an indeterminable fiscal impact. The Department states it is not able to determine if expanding the situations in which the use of deadly force in self-defense is permissible will result in more individuals resorting to the use of deadly force, increasing homicides. If more homicides occur as a result of this bill the Department will have increased costs as the Department is responsible for overseeing the investigation of homicides and if the use of deadly force is not found to be justifiable the prosecution of the homicide case.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation and thus avoid incarceration in the State’s prisons. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659.
The New Hampshire Association of Counties states to the extent less individuals are incarcerated in county facilities; county expenditures may decrease by an indeterminable amount. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000.