HB1289: relative to drug-free senior housing zones.

HB 1289-FN-LOCAL - AS INTRODUCED

2003 SESSION

03-2223

05/01

HOUSE BILL 1289-FN-LOCAL

AN ACT relative to drug-free senior housing zones.

SPONSORS: Rep. Crane, Hills 59; Rep. Langley, Rock 88; Rep. P. Sullivan, Hills 50; Rep. P. Katsakiores, Rock 77; Rep. Bergeron, Hills 66

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes drug-free senior housing zones.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2223

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to drug-free senior housing zones.

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

1 New Chapter; Drug-Free Senior Housing Zones. Amend RSA by inserting after chapter 204-D the following new chapter:

CHAPTER 204-E

DRUG-FREE SENIOR HOUSING ZONES

204-E:1 Definitions. In this chapter:

I. "Controlled drug or its analog'' means those drugs or substances included within the definitions provided in RSA 318-B:1, VI and VI-a.

II. "Drug-free senior housing zone'' means an area inclusive of any property used as senior housing, within 1,000 feet of any such property.

III. "Senior housing" means any housing development, project, or program in which the majority of residents have attained retirement age as defined in the Federal Social Security Act, as amended.

204-E:2 Drug-Free Senior Housing Zones. Except as otherwise provided by law, it shall be unlawful for any person to manufacture, sell, prescribe, administer, dispense, or possess with intent to sell, dispense, or compound any controlled drug or its analog, within a drug-free senior housing zone at any time of the year.

204-E:3 Maps of Drug-Free Zones; Exemption. All senior housing within the state shall, in consultation with the local police authority having jurisdiction over drug enforcement where each drug-free zone is located, publish a map clearly indicating the boundaries of each drug-free senior housing zone in accordance with the provisions of RSA 204-E:1, II. Such map shall be posted in a prominent place within the drug-free senior housing zone.

204-E:4 Rulemaking; Notice; Posting. The New Hampshire housing finance authority, in consultation with the New Hampshire Police Chiefs' Association, shall adopt rules pursuant to RSA 541-A relative to:

I. Developing a procedure by which to mark drug-free zones, including the use of signs or other markings as appropriate. Such signs or other markings shall:

(a) Be posted in a prominent place in each drug-free senior housing zone.

(b) Indicate that the posted area is a drug-free zone which extends to 1,000 feet surrounding such property.

(c) Warn that violation of this chapter shall subject the offender to severe penalties under the law.

II. Assisting each senior housing development, project, or program in providing the posting required in this section.

204-E:5 Toll-Free Hotline; Notice.

I. Any suspected drug activity occurring in a drug-free senior housing zone may be reported on the toll-free statewide hotline for reporting anonymous information on drug activity to local law enforcement agencies established under RSA 193-B:5.

II. The toll-free statewide telephone number established under RSA 193-B:5 shall be displayed on the drug-free zone signs developed and posted pursuant to RSA 204-E:4, I. If a local police hotline telephone exists in a community, such telephone number shall be posted on relevant signs in lieu of the toll-free statewide telephone number.

204-E:6 Penalties.

I. It shall be a violation for any person to cover, remove, deface, alter or destroy any sign or other marking identifying a drug-free zone, as provided in RSA 204-E:4, I.

II. Lack of knowledge that the prohibited act, as defined in RSA 204-E:2, occurred on or within 1,000 feet of senior housing shall not be a defense.

III. A violation of RSA 204-E:2 shall not include an act which occurs entirely within a private residence wherein no senior is present.

204-E:7 Penalty Assessment; Sign Fund.

I. In addition to the penalties imposed under RSA 204-E:6, I and RSA 318-B:26, V-a, every court shall levy a penalty assessment of $100 for an offense in violation of RSA 204-E:2. Such penalty assessment shall be used to provide and replace drug-free senior housing zone signs.

II. There is created the drug-free senior housing zone sign fund administered by the New Hampshire housing finance authority. The clerk of each court shall collect all penalty assessments and transmit such funds to the New Hampshire housing finance authority for deposit in the drug-free senior housing zone fund.

2 New Subparagraph; Dedicated Fund; Drug-Free Senior Housing Zone Fund. Amend RSA 6:12, I by inserting after subparagraph (lllllllll) the following new subparagraph:

(mmmmmmmmm) Moneys deposited in the drug-free senior housing zone fund under RSA 204-E:7, II.

3 New Paragraph; Controlled Drug Act; Penalties; Drug-Free Senior Housing. Amend RSA 318-B:26 by inserting after paragraph V the following new paragraph:

V-a. Any person who violates this chapter by manufacturing, selling, prescribing, administering, dispensing, or possessing with intent to sell, dispense, or compound any controlled drug or its analog, in or on or within 1,000 feet of a senior housing development, project, or program may be sentenced to a term of imprisonment or fine, or both, up to twice that otherwise authorized by this section. Except to the extent a greater minimum sentence is otherwise provided by this chapter, a sentence imposed under this paragraph shall include a mandatory minimum term of imprisonment of not less than one year. Neither the whole nor any part of the mandatory minimum sentence imposed under this paragraph shall be suspended or reduced.

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

LBAO

03-2223

7/28/03

HB 1289-FN-LOCAL - FISCAL NOTE

AN ACT relative to drug-free senior housing zones.

FISCAL IMPACT:

The Judicial Branch states this bill will result in an indeterminable increase in state expenditures in FY 2005 and each year thereafter. The New Hampshire Housing Finance Authority states this bill may increase local expenditures by an indeterminable amount in FY 2005 and each year thereafter. The Association of Counties states this bill will have an indeterminable increase in county expenditures in FY 2005 and each year thereafter. There will be no fiscal impact on state, county and local revenue.

METHODOLOGY:

The Judicial Branch indicated the fiscal impact from sign removal or defacement should be minimal. Based on experience with a similar statute concerning drug-free school zones, there have been no cases of sign removal or defacement in the past few years. The Branch does not expect the penalty assessment provisions to result in a significant impact since there have been only four such offenses in drug-free school zones during the past three years. The Branch stated the provisions doubling fines and providing a minimum mandatory sentence adds no new cases, however, minimum mandatory sentences generally limit the ability of the state and the defendant to enter into a plea bargain, which may result in more jury trials at a higher cost.

The New Hampshire Housing Finance Authority assumed there may be an increase in local expenditures due to increased enforcement activities.

The Association of Counties indicated this bill creates a misdemeanor penalty with a minimum sentence of not less than one year. The Association determined the average annual cost to the counties to incarcerate one inmate is $21,634, but cannot estimate the number of individuals who may be convicted and sentenced under this proposed law.

The Departments of Health and Human Services and Justice indicated this bill will not result in any additional responsibilities or costs to either department.