HB1235: establishing a criminal penalty for throwing an incendiary object from a motor vehicle.

HB 1235-FN - AS INTRODUCED

2003 SESSION

03-2062

04/09

HOUSE BILL 1235-FN

AN ACT establishing a criminal penalty for throwing an incendiary object from a motor vehicle.

SPONSORS: Rep. Morris, Rock 84; Sen. Larsen, Dist 15

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that person who negligently throws an incendiary object from a motor vehicle while such motor vehicle is in motion shall be guilty of a class A misdemeanor.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2062

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a criminal penalty for throwing an incendiary object from a motor vehicle.

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

1 New Section; Breach of Peace and Other Offenses; Unlawful Propelling of Incendiary Object. Amend RSA 644 by inserting after section 17-a the following new section:

644:17-b Unlawful Propelling of Incendiary Object.

I. In this section:

(a) "Incendiary object" means any object or part of such object which is on fire.

(b) "Motor vehicle" means motor vehicle as defined in RSA 259:60.

II. Any person who negligently throws an incendiary object from a motor vehicle while such motor vehicle is in motion shall be guilty of a class A misdemeanor.

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

LBAO

03-2062

7/22/03

HB 1235-FN - FISCAL NOTE

AN ACT establishing a criminal penalty for throwing an incendiary object from a motor vehicle.

FISCAL IMPACT:

The Judicial Branch, Judicial Council and Association of Counties have determined this bill will increase state and county expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on local expenditures or state, county and local revenue.

METHODOLOGY:

The Judicial Branch states this bill makes it a class A misdemeanor to negligently throw an incendiary object from a motor vehicle while such motor vehicle is in motion. Presumably, the intent of this bill is to target the throwing of lit cigarettes from automobiles. At least two existing statutes already cover this activity. One is RSA 163- B:3, part of the litter control law, and the other is RSA 265:102, the littering provision of the motor vehicle code. The former is an unspecified misdemeanor; the latter is a violation. Judicial Branch statistics show that in the five years from 1998 through 2002, the district courts averaged 125 cases annually under the former statute and 207 under the latter. The Judicial Branch assumes that throwing of lit cigarettes from automobiles is already being charged under one of these statutes. As such, this bill would not add additional cases to the caseload of the judicial branch; however, the class A misdemeanor nature of the offense in this bill may have the impact of increasing the level of the offense charged. A class A misdemeanor carries the potential of incarceration and, therefore, the potential for de novo appeals to the superior court for a jury trial. The Judicial Branch cannot quantify the fiscal impact that increasing the level of this offense may have on it, other than to state there will be an impact. Whether that impact will exceed the threshold level of $10,000 is unknown. Any fiscal impact to the Judicial Branch will result in increased delays in the processing of other cases.

The Judicial Council states this bill establishes a criminal penalty for throwing an incendiary object from a motor vehicle. It establishes a class A misdemeanor for any person who negligently throws an incendiary object from a motor vehicle while such motor vehicle is in motion. An incendiary object is defined as any object or part of an object that is on fire. The

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usual assumptions will apply to the analysis of the cost impacts of this bill. It is assumed that the individual so charged has been found eligible for representation as an indigent defendant. For the purposes of this fiscal note, the Council assumes the individual so charged is an adult, although a juvenile may also be charged with this new offense, but different rates of compensation and total costs to the system will differ if the case is processed through juvenile court. There is an even likelihood this offense could be committed by either a juvenile or an adult. The court will appoint in the first instance either a public defender or a contract attorney either of whom will be paid at the fixed contract rate of $1,000 per misdemeanor so charged. If an assigned counsel attorney must be used either due to conflict of interest or for reasons of caseload limitations, the $60 per hour rate will apply to the case with a fee cap of $1,000. This fee cap may be waived upon motion filed in advance with the court. If any motions for "services other than counsel" are approved as a necessary part of the defense of a case, the fee for such services would also be payable from indigent defense funds. Since it is not possible to predict the number of cases which may result from the enactment of this new misdemeanor charge, it is likewise not possible to place an exact dollar figure on the potential cost associated with the enactment of this legislation.

The Department of Justice states the Department seldom becomes involved in this type of case, and it is assumed that they would continue not to be involved. Therefor, the fiscal impact on the agency would be negligible.

The Association of Counties states this bill creates a new misdemeanor that will result in a cost for county correctional facilities. The fiscal impact on county expenditures will depend on the number of individuals sentenced, as well as those who are incarcerated pre-trial in a county facility. The average annual cost for counties to incarcerate inmates is $21,634.