SB320: relative to penalties for damaging emergency vehicles.

SB 320-FN - AS AMENDED BY THE SENATE

02/19/04 0426s

2004 SESSION

04-3014

04/01

SENATE BILL 320-FN

AN ACT relative to penalties for damaging emergency vehicles.

SPONSORS: Sen. Cohen, Dist 24; Rep. Bridle, Rock 85

COMMITTEE: Transportation

ANALYSIS

This bill makes damage to emergency vehicles and emergency equipment a class B felony.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/04 0426s

04-3014

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to penalties for damaging emergency vehicles.

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

1 Destruction of Property; Criminal Mischief. RSA 634:2, VIII is repealed and reenacted to read as follows:

VIII. Criminal mischief is a class B felony if a person purposely or recklessly damages an emergency vehicle, emergency apparatus, or any vehicle containing emergency equipment where such vehicle is externally marked or identifiable as an emergency response vehicle or is known to be used as an emergency response vehicle. In this paragraph, "emergency vehicle" shall be as defined in RSA 259:28. Any person convicted of criminal mischief under this paragraph shall also be liable for full restitution to the injured party.

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

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12/19/03

SB 320-FN - FISCAL NOTE

AN ACT relative to penalties for damaging emergency vehicles.

FISCAL IMPACT:

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

METHODOLOGY:

The Judicial Branch stated this bill amends the criminal mischief statute, RSA 634:2, VIII. Currently, the section states that a person found guilty of criminal mischief by purposely or recklessly damaging "an emergency vehicle, emergency apparatus, or private vehicle containing emergency equipment" (hereinafter collectively "emergency vehicle") is liable for full restitution. The proposed amendment provides that criminal mischief is a class B felony if a person "negligently damages" an emergency vehicle. As stated in the "technical or mechanical defect" section of this fiscal note worksheet, negligence is not a state of mind for criminal mischief, which requires purposeful or reckless conduct in accordance with RSA 634:2. I. Assuming that that defect was corrected, the Judicial Branch has no information on which to estimate how many cases would be brought involving negligently damaging an emergency vehicle. In most cases, the crime would already be a class B felony since RSA 634:2, II(a) makes criminal mischief a class B felony if the pecuniary loss is in excess of $1 ,000, which would likely be the case for most damage to emergency vehicles. Thus, the potential fiscal impact to the Judicial Branch of this proposed amendment is in the broadening of criminal mischief to involve negligent conduct damaging emergency vehicles. Again, the Judicial Branch has no information on which to estimate how many additional cases, if any, would be brought under this broadened criminal mischief statute.

The Judicial Council states this bill establishes a class B felony if a person negligently damages an emergency vehicle, emergency apparatus, or a private vehicle containing emergency equipment. Any person convicted of criminal mischief under this paragraph shall also be liable for full restitution to the injured party. This proposed legislation appears to correct a technical

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error in the current statutory language, which provides that negligently damaging an emergency vehicle, emergency apparatus or a private vehicle containing emergency equipment is guilty of criminal mischief. What was lacking in the existing statute was the level of penalty beyond the full restitution to the party. The Council assumes this proposal to merely add the penalty provision rather than being a complete new statute. It is further assumed there will be a significant number of cases brought under the statute with the new penalty language added. Although, it is never possible to predict how many cases are likely to be charged. The usual assumptions apply to the creation of this fiscal note. It is assumed that the individual so charged has been determined to be indigent at which time the court will proceed to appoint an attorney to represent the defendant. If a public defender or contract attorney is appointed to the case, the fixed contract rate of $687.50 will apply to each case so charged. If an assigned counsel attorney must be used, due to either conflict of interest or for reasons of caseload limitations, the $60 per hour rate will apply to the case, with a fee cap of $3,000. This fee cap may be waived upon motion filed in advance with the court. If any "services other than counsel" are filed as a necessary part of the defense of a case, they would also be payable from Indigent Defense Funds.

The Department of Justice states the agency seldom becomes involved in the prosecution of violations of criminal mischief, and it is assumed the agency would continue not to be involved, therefor, the provisions of this bill would have a negligible effect on the agency.

The Department of Corrections is unable to determine how many, if any, individuals would be sentenced under the provisions of this bill. The average cost of incarceration for FY 2003 was $25,341 per inmate per year.