SB201: relative to classification of misdemeanor offenses.

CHAPTER 142

SB 201-FN – FINAL VERSION

04/01/09 1040s

05/27/09 1918eba

2009 SESSION

09-1040

04/03

SENATE BILL 201-FN

AN ACT relative to classification of misdemeanor offenses.

SPONSORS: Sen. Reynolds, Dist 2; Rep. Shurtleff, Merr 10; Rep. Welch, Rock 8

COMMITTEE: Judiciary

ANALYSIS

This bill provides that all undesignated misdemeanor offenses shall be presumed to be class B misdemeanors unless an element of the offense involves an “act of violence” or “threat of violence,” or the state files a notice of intent to seek class A misdemeanor penalties.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/01/09 1040s

05/27/09 1918eba

09-1040

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to classification of misdemeanor offenses.

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

142:1 Classification of Crimes. Amend RSA 625:9, IV to read as follows:

IV. Misdemeanors are either class A misdemeanors or class B misdemeanors when committed by an individual. Misdemeanors committed by a corporation or an unincorporated association are unclassified.

(a) A class A misdemeanor is[:

(1)] any crime so designated by statute within or outside this code and any crime defined outside of this code for which the maximum penalty, exclusive of fine, is imprisonment not in excess of one year[; or

(2) Any crime designated within or outside this code as a misdemeanor, without specification of the classification].

(b) A class B misdemeanor is any crime so designated by statute within or outside this code and any crime defined outside of this code for which the maximum penalty does not include any term of imprisonment or any fine in excess of the maximum provided for a class B misdemeanor in RSA 651:2, IV(a).

(c) Any crime designated within or outside this code as a misdemeanor without specification of the classification shall be presumed to be a class B misdemeanor unless:

(1) An element of the offense involves an “act of violence” or “threat of violence” as defined in paragraph VII; or

(2) The state files a notice of intent to seek class A misdemeanor penalties on or before the date of arraignment. Such notice shall be on a form approved in accordance with RSA 490:26-d.

(d) Nothing in this paragraph shall prohibit the state from reducing any offense originally charged as a class A misdemeanor to a class B misdemeanor at any time with the agreement of the person charged.

142:2 Classification of Crimes. Amend the introductory paragraph of RSA 625:9, VII to read as follows:

VII. The state may change any offense designated or defined as a class A misdemeanor as defined by paragraph IV to a class B misdemeanor, so long as no element of the offense involves an act of violence or threat of violence. [For purposes of this paragraph,] The term “act of violence’’ means attempting to cause or purposely or recklessly causing bodily injury or serious bodily injury with or without a deadly weapon; and the term “threat of violence’’ means placing or attempting to place another in fear of imminent bodily injury either by physical menace or by threats to commit a crime against the person of the other. The state may change an offense pursuant to this paragraph if such change is in the interest of public safety and welfare and is not inconsistent with the societal goals of deterrence and prevention of recidivism, as follows:

142:3 Applicability. This act shall apply to offenses committed on or after October 1, 2009.

142:4 Effective Date. This act shall take effect October 1, 2009.

Approved: June 29, 2009

Effective Date: October 1, 2009