HB783: relative to penalties for simple assault, reckless conduct, and unsworn falsification.

HB 783-FN - AS INTRODUCED

2003 SESSION

03-0596

09/01

HOUSE BILL 783-FN

AN ACT relative to penalties for simple assault, reckless conduct, and unsworn falsification.

SPONSORS: Rep. Dumaine, Rock 75

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill increases criminal penalties for certain simple assault, reckless conduct, and unsworn falsification offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0596

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to penalties for simple assault, reckless conduct, and unsworn falsification.

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

1 New Paragraph; Simple Assault; Assault on Law Enforcement, Firefighter, and Emergency Medical Care Personnel. Amend RSA 631:2-a by inserting after paragraph II the following new paragraph:

III. If a person purposely or knowingly causes bodily injury or unprivileged physical contact to a law enforcement officer, firefighter, or emergency medical care provider while such person is in performance of their duties, the person convicted under this section shall be guilty of a class A misdemeanor and shall be sentenced to a minimum of 10 days' imprisonment.

2 Reckless Conduct; Penalties; Use of Deadly Weapon; Law Enforcement, Firefighter, and Emergency Medical Care Providers. RSA 631:3 is repealed and reenacted to read as follows:

631:3 Reckless Conduct.

I. A person is guilty of reckless conduct if he or she recklessly engages in conduct which places another in danger of serious bodily injury. The mere possession of a deadly weapon of any kind, other than a convicted felon in possession of a deadly weapon, shall not constitute reckless conduct. There must be an overt act in the furtherance of using a deadly weapon against another.

II. Reckless conduct is a class B felony if a person, while using a deadly weapon as defined in RSA 625:11, V, uses said deadly weapon for any other reason other than self-defense or defense of another.

III. Reckless conduct is a class A felony if a person, while using a deadly weapon as defined in RSA 625:11, V:

(a) Uses the deadly weapon against any law enforcement officer, firefighter, or emergency medical care provider while such person is in the performance of his or her duties.

(b) Uses a deadly weapon which is a firearm and, while in the commission of a crime, recklessly, negligently, purposely, or knowingly discharges or causes to be discharged any firearm.

(c) Uses a deadly weapon which is a firearm and, while in the commission of a domestic violence situation, recklessly, negligently, purposely, or knowingly discharges or causes to be discharged any firearm.

(d) Uses a deadly weapon which is a firearm and, while in the commission of an attempted suicide, recklessly, negligently, purposely, or knowingly discharges or causes to be discharged any firearm.

(e) Uses a deadly weapon which is a firearm and, while on any properties of any school or university grounds, recklessly, negligently, purposely, or knowingly discharges or causes to be discharged any firearm.

IV. No person shall be guilty under this section if he or she, while in fear of serious bodily injury or death, is forced to use any form of a deadly weapon in self defense or defense of another.

V. Reckless conduct is a class A felony if a person while operating a motor vehicle:

(a) Purposely and knowingly uses the motor vehicle as a deadly weapon with the intent of causing serious bodily injury to or the death of another.

(b) Purposely and knowingly is under the influence of intoxicating liquors and/or drugs which results in the serious bodily injury to or the death of another.

(c) Purposely and knowingly enters into an agreement to drag race with another or against the clock which results in the serious bodily injury to or the death of another.

(d) Purposely and knowingly leads any law enforcement official in a pursuit which results in the serious bodily injury to or the death of another.

VI. Except as provided in paragraph V(a) (b) (c) and (d), no motor vehicle shall be considered a deadly weapon for the purposes of this section.

VII. All other reckless conduct shall be a misdemeanor.

3 False Report to Law Enforcement; Increased Penalties. Amend RSA 641:4 to read as follows:

641:4 False Reports to Law Enforcement.

I. A person is guilty of a misdemeanor if he or she:

[I.](a) Knowingly gives or causes to be given false information to any law enforcement officer with the purpose of inducing such officer to believe that another has committed an offense; or

[II.](b) Knowingly gives or causes to be given information to any law enforcement officer concerning the commission of an offense, or the danger from an explosive or other dangerous substance, knowing that the offense or danger did not occur or exist or knowing that he or she has no information relating to the offense or danger.

II. A person is guilty of a class B felony if as a result of a violation of RSA 641:3:

(a) He or she hinders an investigation which could have ultimately led to the apprehension and arrest of one or more people who actually committed a class B felony against the state.

(b) A person has given authorities false information which ultimately leads said authorities to the apprehension and false arrest of one or more people for the commission of a class B felony that they actually did not commit.

III. A person is guilty of a class A felony if as a result of a violation of RSA 641:3:

(a) He or she hinders an investigation which could have ultimately led to the apprehension and arrest of one or more people who actually committed a class A felony against the state.

(b) A person has given authorities false information which ultimately leads said authorities to the apprehension and false arrest of one or more people for the commission of a class A felony that he or she actually did not commit.

[III.] IV. No person shall be guilty under this section if he or she retracts the falsification before it becomes manifest that the falsification was or would be exposed.

4 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-0596

Revised 2/21/03

HB 783 FISCAL NOTE

AN ACT relative to penalties for simple assault, reckless conduct, and unsworn falsification.

FISCAL IMPACT:

The Judicial Branch, Judicial Council, and Department of Corrections state this bill may increase state expenditures by an indeterminable amount in FY 2004 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenues.

METHODOLOGY:

The Judicial Branch states this bill amends three criminal statutes relating to simple assault, reckless conduct, and false reports to law enforcement. The Branch states in calendar year (CY) 2001 there were 8,190 cases of simple assault, and 1,713 resisting arrest charges. In regards to the changes made to statutes regarding simple assault, this bill could result in a large fiscal impact if a significant number of such cases were charged as class A misdemeanors, with minimum mandatory sentences that involve an increased potential for jury trial in the superior court due to the right to appeal. The cost of a full day trial in the superior court, excluding jury costs, is estimated at $950, which includes costs for the time of a judge, court monitor, deputy clerk, and bailiff. Adding the cost of a jury, time to write a charge to the jury, and clerical processing would make the cost of a jury trial well in excess of $1,000. Should a decision be appealed, several thousand dollars of additional costs would be incurred in judge, law clerk, and staff time at the supreme court. This bill also amends the reckless conduct statute to provide for greater penalties, and increased penalties usually result in additional jury trials. In CY 2001 there were 584 reckless conduct prosecutions in district courts (misdemeanors), and 277 reckless conduct prosecutions in the superior court (felonies, misdemeanor appeals, or misdemeanors being charged with a felony). The Branch states they are unable to estimate how many prosecutions will be impacted by this bill, therefore, cannot estimate the exact fiscal impact at this time. The false report statute is also amended, and provides for class B felonies if certain events occur as a result of the false report. Currently, this crime is only a misdemeanor, and in CY 2001 325 prosecutions were brought to the district courts. Since a prosecution of a class B felony can result in greater penalties, additional jury trials are likely, which would result in additional costs to the Branch.

The Judicial Council states for the purposes of determining the fiscal impact, it is assumed that any cases arising from the enactment of this law for which the Indigent Defense Fund may be liable, will, in the first instance be handled by the public defender or contract attorneys who accept these cases on a fixed fee basis of $250 per misdemeanor and $687.50 per felony charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 per misdemeanor and $3,000 per felony will apply. If a motion to exceed the fee cap is approved and/or "services other than counsel" are approved, these will also be chargeable to the Indigent Defense Fund. The Council is unable to predict the number of cases or trials which may arise as a result from the enactment of these proposed new charges and enhanced charges of existing statutes, therefore, are unable to estimate the exact dollar impact at this time. The impact of additional timing that would be required for the defense of these cases may result in more cases being referred to assigned counsel due to caseload limitations which the public defender or contract attorneys may experience.

The Department of Corrections estimates no more than two persons per year would be sent to state prison as a result of this bill. The average cost of incarceration for FY 2002 was $24,866 per inmate per year, and as a result costs to the Department could increase by $49,732 per year.

The Department of Justice states they seldom become involved in prosecuting violations of the offenses of simple assault, reckless conduct, or unsworn falsification, and it is assumed that they would continue not to be involved. Therefore, the fiscal impact to the Department would be negligible.