SB 303-FN – AS INTRODUCED

2012 SESSION

12-2922

09/01

SENATE BILL 303-FN

AN ACT relative to the penalty assessment on fines for criminal offenses.

SPONSORS: Sen. D'Allesandro, Dist 20; Rep. Fesh, Rock 5; Rep. Panek, Straf 3

COMMITTEE: Ways and Means

ANALYSIS

This bill requires the penalty assessment on fines for criminal offenses to apply to the total fine, regardless of whether a portion of the fine has been suspended.

This bill was requested by the police standards and training council.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2922

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the penalty assessment on fines for criminal offenses.

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

1 Penalty Assessment on Fines for Criminal Offenses. Amend RSA 188-F:31 to read as follows:

188-F:31 Penalty Assessment[; Waiver of Penalty].

I. Every court shall levy a penalty assessment of $2 or 24 percent, whichever is greater, on each total fine or penalty imposed by the court for a criminal offense, including any fine or penalty for a violation of RSA title XXI or any municipal ordinance, except for a violation of a municipal ordinance relating to motor vehicles unlawfully left or parked.

II. If multiple offenses are involved, the penalty assessment shall be imposed on the total fine.

III. [If a fine is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.

IV.] The clerk of each court shall collect all penalty assessments and shall transmit the amount collected under paragraphs [I-III] I-II to the state treasurer for deposit in the following funds. The state treasurer shall deposit 66.66 percent of the amount collected in the police standards and training council training fund, 16.67 percent of the amount collected in the victims’ assistance fund, and 16.67 percent of the amount collected in the judicial branch information technology fund.

[V. If it is determined by a court that the payment of all or any part of a penalty assessment would work a hardship on the person convicted or on such person’s immediate family, the court may suspend the payment of all or any part of the assessment.]

2 Effective Date. This act shall take effect January 1, 2013.

LBAO

12-2922

Revised 01/05/12

SB 303 FISCAL NOTE

AN ACT relative to the penalty assessment on fines for criminal offenses.

FISCAL IMPACT:

METHODOLOGY: