SB175: increasing the fee for investigating the annulment of a criminal record.

SB 175-FN – AS INTRODUCED

2009 SESSION

09-1015

04/01

SENATE BILL 175-FN

AN ACT increasing the fee for investigating the annulment of a criminal record.

SPONSORS: Sen. D'Allesandro, Dist 20

COMMITTEE: Judiciary

ANALYSIS

This bill increases the fee for investigating the annulment of a criminal record from $100 to $200.

This bill is a request of the department of corrections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-1015

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT increasing the fee for investigating the annulment of a criminal record.

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

1 Annulment of Criminal Records. Amend RSA 651:5, IX to read as follows:

IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $[100] 200 to cover the cost of such investigation unless the petitioner demonstrates that he or she is indigent or he or she has been found not guilty or his or her case has been dismissed or not prosecuted in accordance with paragraph II. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit [them] the prosecutor to be heard regarding the interest of justice in regard to the petition.

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

LBAO

09-1015

Revised 03/02/09

SB 175 FISCAL NOTE

AN ACT increasing the fee for investigating the annulment of a criminal record.

FISCAL IMPACT:

The Department of Corrections states this bill will increase state general fund revenue by $107,000 in FY 2010 and each year thereafter. There is no fiscal impact on county and local revenue or state, county, and local expenditures.

METHODOLOGY:

The Department of Corrections states this bill will increase the fee for investigating the annulment of a criminal record from $100 to $200. Using the total annulment fees collected for FY 2007 and FY 2008 and an annualized amount for FY 2009, the Department determined it collects approximately $107,000 each year from annulment fees. Doubling the fee from $100 to $200 will increase revenue by approximately $107,000 each year. The Department assumes this bill will not be effective until FY 2010.