HB 282-FN – AS INTRODUCED
2011 SESSION
04/03
HOUSE BILL 282-FN
AN ACT relative to spitting or urinating in an emergency vehicle.
SPONSORS: Rep. Scala, Carr 5; Rep. Fleck, Carr 5
COMMITTEE: Criminal Justice and Public Safety
This bill provides that urinating or spitting in an emergency vehicle shall constitute disorderly conduct.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0464
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to spitting or urinating in an emergency vehicle.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Breaches of the Peace and Related Offenses; Disorderly Conduct. Amend RSA 644:2, II by inserting after subparagraph (e) the following new subparagraph:
(f) Urinates or spits in any emergency vehicle as defined in RSA 259:28; or
2 Effective Date. This act shall take effect January 1, 2012.
LBAO
11-0464
01/11/11
HB 282-FN - FISCAL NOTE
AN ACT relative to spitting or urinating in an emergency vehicle.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2012 and each year thereafter. There is no fiscal impact on local expenditures or county and local revenue.
METHODOLOGY:
The Judicial Branch states this bill amends RSA 644:, II by making urinating or spitting in an emergency vehicle disorderly conduct, which is an unspecified misdemeanor if the offense continues after a request to desist, otherwise it is a violation. The Branch states this bill could result in an increase in costs to the Branch but has no information to estimate the exact impact. The Branch has no information to estimate how many cases will be brought but does have estimated costs for processing unspecified misdemeanors and violations. If the unspecified misdemeanor is treated as a class A misdemeanor, it costs $60.03 per case in FY 2012 and $60.88 per case in FY 2013 and each year thereafter. If the unspecified misdemeanor is treated as a class B misdemeanor, it costs $43.58 per case in FY 2012 and $44.34 per case in FY 2013 and each year thereafter. A violation level offense cost is $42.27 per case in FY 2012 and $43.02 in FY 2013 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $10,000.
The Judicial Council states to the extent an unspecified misdemeanor results in a misdemeanor offense where the right to counsel exists this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor 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. 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 capped at $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 New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $35,000 a year.