CHAPTER 77

HB 1707-FN – FINAL VERSION

2012 SESSION

12-2403

03/05

HOUSE BILL 1707-FN

AN ACT relative to penalties for operation after revocation or suspension.

SPONSORS: Rep. Matt Quandt, Rock 13; Rep. Marshall Quandt, Rock 13; Rep. Copeland, Rock 13; Rep. Charron, Rock 7; Rep. Welch, Rock 8; Rep. M. McCarthy, Hills 21; Rep. Hopper, Hills 7; Rep. Shurtleff, Merr 10

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill modifies the law that specifies enhanced penalties for driving after revocation or suspension for certain serious offenses by making those penalties apply when the revocation or suspension was for an equivalent offense in another jurisdiction. Those penalties would also apply to a person operating an OHRV or snowmobile.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2403

03/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to penalties for operation after revocation or suspension.

Be it Enacted by the Senate and House of Representatives in General Court convened:

77:1 OHRV Operation. Amend RSA 215-A:29, XIX(b) to read as follows:

(b) Any person who violates this section by operating an OHRV in this state during the period of suspension or revocation of such person’s license or driving privilege for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, and RSA 630:3, II or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.

77:2 Snowmobile Operation. Amend RSA 215-C:49, XXI(b) to read as follows:

(b) Any person who violates this section by operating a snowmobile in this state during the period of suspension or revocation of such person’s license or driving privilege for a violation of RSA 265:79, RSA 265-A:2, I, RSA 265-A:3, and RSA 630:3, II or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced in accordance with RSA 263:64, IV.

77:3 Driving After Revocation or Suspension. Amend RSA 263:64, IV to read as follows:

IV. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265:79 or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor. Any person who violates this section by driving or attempting to drive a motor vehicle or by operating or attempting to operate an OHRV or snowmobile in this state during the period of suspension or revocation of his or her license or driving privilege for a violation of RSA 265-A:2, I, RSA 265-A:3, RSA 630:3, II, RSA 265:82, or RSA 265:82-a or an equivalent offense in another jurisdiction shall be guilty of a misdemeanor and shall be sentenced to imprisonment for a period not less than 7 consecutive 24-hour periods to be served within 6 months of the conviction, shall be fined not more than $1,000, and shall have his or her license or privilege revoked for an additional year. No portion of the minimum mandatory sentence of imprisonment shall be suspended by the court. No case brought to enforce this paragraph shall be continued for sentencing for longer than 35 days. No person serving the minimum mandatory sentence under this paragraph shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full amount of such minimum mandatory sentence under any authority granted by title LXII or any other provision of law.

77:4 Effective Date. This act shall take effect January 1, 2013.

Approved: May 23, 2012 Effective Date: January 1, 2013