HB 1064-FN - AS INTRODUCED

 

 

2024 SESSION

24-2403

09/05

 

HOUSE BILL 1064-FN

 

AN ACT relative to penalties for violation of protective orders.

 

SPONSORS: Rep. Santonastaso, Ches. 18

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill repeals the provision directing peace officers to seize any firearms, ammunition, and certain deadly weapons subsequent to an arrest for a violation of a protective order issued under the chapter.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2403

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to penalties for violation of protective orders.

 

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

 

1  Repeal.  RSA 173-B:9, I(b), relative to seizure of firearms, ammunition, or certain dangerous weapons, is repealed.

2  Effective Date.  This act shall take effect January 1, 2025.

 

LBA

24-2403

10/9/23

 

HB 1064-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to penalties for violation of protective orders.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

 

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source(s)

General Fund

 

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

 

Does this bill provide sufficient funding to cover estimated expenditures? [X] Yes

Does this bill authorize new positions to implement this bill? [X] No

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill repeals the provision directing peace officers to seize any firearms, ammunition, and certain deadly weapons subsequent to an arrest for a violation of a protective order issued under the chapter.

 

The Judicial Branch states it is not possible to estimate how this bill would impact the frequency and complexity of filings.

 

The New Hampshire Municipal Association indicates, under current law, most seizures of weapons are conducted by municipal police officers, and the municipal police department must store the firearms, ammunition, and certain deadly weapons.  The Association reports there may be increased municipal costs associated with the bill. Officers and prosecutors will need to be trained on the changes, it may be necessary to devote additional time and resources investigating the underlying offense and the prosecutorial process, including seeking particular bail requirements related to the possession of firearms, ammunition, and those deadly weapons. The additional time and resources necessary will vary by jurisdiction  However, the Association assumes there may also be decreased municipal costs as officers, including evidence officers, will no longer need to seize firearms, ammunition, and certain deadly weapons, potentially saving officer time, as well as labeling and storage costs.

 

AGENCIES CONTACTED:

Judicial Branch and New Hampshire Municipal Association