HB586: relative to the presence of a law enforcement officer at an administrative license suspension hearing.

HB 586-FN - AS INTRODUCED

2009 SESSION

09-0068

03/09

HOUSE BILL 586-FN

AN ACT relative to the presence of a law enforcement officer at an administrative license suspension hearing.

SPONSORS: Rep. Welch, Rock 8; Rep. Weare, Rock 14; Rep. Charron, Rock 7

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill authorizes a law enforcement agency to assign a person other than the arresting officer to present evidence at an administrative license suspension hearing.

This bill is a request of the department of safety.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0068

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the presence of a law enforcement officer at an administrative license suspension hearing.

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

1 Administrative Hearings; Officer Presence. Amend RSA 265-A:31, I(c) to read as follows:

(c) If the request is for a hearing, the request shall also indicate whether or not the person desires to have [the] a representative of the arresting law enforcement [officer] agency present. The hearing shall be held within [20] 30 days after the filing of the request unless the person requests a continuance. A request for a continuance by the person shall not stay the order of suspension or revocation. The hearing shall be recorded, and be conducted by the department's designated agent. The hearing may be conducted upon a review of the law enforcement officer's report if there is no request to have [the officer] a representative of the arresting law enforcement agency present. If there is a request [that the law enforcement officer be present at the hearing and the officer] to have a representative of the arresting law enforcement agency present, that representative may, at the option of the head of the law enforcement agency, be the arresting officer who signed the sworn report, or any person assigned by the head of the law enforcement agency involved, who will present the arresting officer’s sworn report and supporting documentation, including the arrest report, the incident report, and the report of the person administering the breath test, if any, all of which shall be admissible as evidence. Review of whether the chemical test was properly conducted shall be limited to a review of the appropriate documents that govern such tests, as defined in the administrative rules governing such tests. If the representative of the law enforcement agency fails to appear without good cause shown, the case shall be dismissed and the order rescinded. If the person requesting the hearing fails to appear without good cause shown, the right to a hearing shall be waived and the order sustained.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

09-0068

Revised 02/23/09

HB 586 FISCAL NOTE

AN ACT relative to the presence of a law enforcement officer at an administrative license suspension hearing.

FISCAL IMPACT:

The Department of Safety, the New Hampshire Association of Counties, and the New Hampshire Municipal Association state this bill will decrease state, county, and local expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenues.

METHODOLOGY:

This bill authorizes a law enforcement agency to assign a person other than the arresting officer to present evidence at an administrative license suspension hearing. The Department of Safety states the proposed legislation will decrease state, county, and local expenditures by allowing more efficient management of overtime, witness fees, travel costs, and current expenses associated with administrative license suspension hearings, however, the Department is unable to estimate the potential savings.

The New Hampshire Association of Counties states the proposed legislation will decrease county expenditures by an indeterminable amount.

The New Hampshire Municipal Association states the proposed legislation will have an indeterminable effect on local expenditures. The Association also notes that if the total compensation of an assigned person was less than that of the arresting officer, local expenditures would decrease accordingly.

The Department of Resources and Economic Development states the proposed legislation will have no fiscal impact on the Department.