HB696: (New Title) relative to enhanced penalties for certain crimes against the elderly and persons with disabilities.

HB 696-FN – AS AMENDED BY THE HOUSE

23Mar2005… 0658h

2005 SESSION

05-0844

01/04

HOUSE BILL 696-FN

AN ACT relative to enhanced penalties for certain crimes against the elderly and persons with disabilities.

SPONSORS: Rep. MacKay, Merr 11; Rep. Morris, Rock 14

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill imposes enhanced penalties for certain crimes against the elderly and persons with disabilities.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Mar2005… 0658h

05-0844

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to enhanced penalties for certain crimes against the elderly and persons with disabilities.

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

1 New Subparagraph; Enhanced Penalties for Certain Crimes Against the Elderly or Persons With Disabilities. Amend RSA 651:6, I by inserting after subparagraph (k) the following new subparagraph:

(l) Has committed or attempted to commit any of the crimes defined in RSA 637 or RSA 638 against a victim who is 65 years of age or older or who has a physical or mental condition that impairs the victim’s ability to manage his or her property or financial resources or to protect his or her rights or interests.

2 Effective Date. This act shall take effect January 1, 2006.

LBAO

05-0844

Amended 3/28/05

HB 696 FISCAL NOTE

AN ACT relative to enhanced penalties for certain crimes against the elderly and persons with disabilities.

FISCAL IMPACT:

The Judicial Branch and the Judicial Council state this bill, as amended by the House (House Amendment #2005-0658h), will increase state expenditures by an indeterminable amount in FY 2006 and in each year thereafter. There will be no fiscal impact on state, county and local revenue or county and local expenditures.

METHODOLOGY:

The Judicial Branch indicated this bill clarifies the age or physical disability for purposes of sentence enhancement, and broadens this extended term factor from just felonies to crimes. The Branch assumes the clarification of this sentence enhancement factor would not result in increased felony sentence enhancement cases. In addition, the Branch assumes the expansion of this sentence enhancement factor to misdemeanors will not add significantly to prosecutions and any increase in expenditures will be minimal.

The Judicial Council is not able to estimate the number of felony cases that will be prosecuted in which the defendant charged is eligible for indigent defense. The Council assumes the enhanced penalties for crimes against the elderly and persons who are disabled, would result in the need for more aggressive defense, as the risk to the defendant is more significant. Such cases may take more time or may require greater skill in negotiating with a prosecutor. As a result, the state could spend more for representation and defense in these cases.

The Department of Health and Human Services stated any changes required by this bill can be accomplished by existing staff.

The Department of Justice indicated this bill will not impose any new or additional requirements on their prosecutors.