HB1195: increasing the penalty assessment on fines imposed by the courts.

HB 1195-FN - AS INTRODUCED

2003 SESSION

03-2175

09/10

HOUSE BILL 1195-FN

AN ACT increasing the penalty assessment on fines imposed by the courts.

SPONSORS: Rep. Tholl, Coos 2; Rep. Welch, Rock 79

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill increases the penalty assessment on fines imposed by the courts and designates the increase for the police standards and training council training fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2175

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT increasing the penalty assessment on fines imposed by the courts.

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

1 Penalty Assessment Increased. Amend RSA 188-F:31, I to read as follows:

I. Every court shall levy a penalty assessment of $2 or [20] 30 percent, whichever is greater, on each 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. Such penalty assessment shall be divided into the following components, to be designated as follows: [15] 25 percent for the police standards and training council training fund and 5 percent for the victims' assistance fund.

2 Effective Date. This act shall take effect January 1, 2005.

LBAO

03-2175

7/30/03

HB 1195-FN - FISCAL NOTE

AN ACT increasing the penalty assessment on fines imposed by the courts.

FISCAL IMPACT:

The Department of Safety and the Administrative Office of the Courts indicate this bill will increase state restricted revenue by $1,256,779 in FY 2005 and $2,513,558 each year thereafter. There will be no fiscal impact on county and local revenue or state, county and local expenditures.

METHODOLOGY:

Under current law, penalty assessments are collected by the Department of Safety and by the Administrative Office of the Courts (AOC) by charging $2 or 20%, whichever is greater, on each fine or penalty imposed by the court for a criminal offense. The amount collected is then allocated to the Police Standards and Training Council and the Victim's Assistance Fund, 75% to the former and 25% to the latter. This bill requires that the Department and AOC charge $2 or 30%, whichever is greater, on each fine or penalty and requires that 83% be allocated to the Police Standards and Training Council and 17% to the Victim's Assistance Fund.

The Department of Safety and AOC indicate that in FY 2003 the amount charged for penalty assessments at 20% was $5,027,116 based on fines imposed by the court totaling $25,135,580. A change to 30% will result in an increase of $2,513,558 annually, assuming fines imposed by the court remain constant. Since this bill is effective in January 2005, half, or $1,256,779 was used to estimate the fiscal impact for the first year. The change in allocation results in an annual increase in the amount allocated to the Police Standards and Training Council of $628,387 and a like decrease in the amount allocated to the Victim's Assistance Fund.