HB350: prohibiting possession of a firearm at a polling place.

HB 350-FN - AS INTRODUCED

2017 SESSION

17-0146

03/09

HOUSE BILL 350-FN

AN ACT prohibiting possession of a firearm at a polling place.

SPONSORS: Rep. Burton, Straf. 6; Rep. Ward, Rock. 28; Rep. Nordgren, Graf. 12

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill prohibits possession of a firearm at a polling place during a federal, state, or municipal election.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0146

03/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT prohibiting possession of a firearm at a polling place.

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

1 New Subdivision; Firearms Prohibited at Polling Places. Amend RSA 159 by inserting after section 26 the following new subdivision:

Firearms Prohibited at Polling Places

159:27 Firearms Prohibited at Polling Places.

I. No person shall knowingly carry a loaded or unloaded pistol, revolver, firearm, or other deadly weapon as defined in RSA 625:11, V, whether open or concealed, or whether licensed or unlicensed, upon the person or within any of the person's possessions owned or within the person's control at a polling place during a federal, state, or municipal election.

II. Any person who violates the provisions of this section shall be guilty of a class B felony.

2 Effective Date. This act shall take effect January 1, 2018.

LBAO 17-0146

1/4/17

HB 350-FN- FISCAL NOTE

AS INTRODUCED

AN ACT prohibiting possession of a firearm at a polling place.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill prohibits the carrying of, or having in one’s control, a firearm or deadly weapon while at a polling place during an election. A violation would constitute a class B felony. Penalties may have an impact on the judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the agencies impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2018

FY 2019

Routine Criminal Felony Case

$451

$456

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2018 and FY 2019 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

Judicial Council

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$756/Case

$756/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

FY 2016 Average Cost of Incarcerating an Individual

$35,832

$35,832

FY 2016 Average Cost of Supervising an Individual on Parole/Probation

$573

$573

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

The Department of Justice states that such offenses are typically prosecuted by county prosecutors, so the Department does not anticipate any fiscal impact stemming from the creation of this offense. Appeals from any conviction for such an offense would be handled by the Department within the current budget.

The Secretary of State’s Office indicates that the Office is not responsible for enforcing gun laws and as a result would not incur any expenditures.

The New Hampshire Municipal Association could not identify any effect on municipal revenues or expenditures.

AGENCIES CONTACTED:

Judicial Branch, Departments of State, Corrections and Justice, Judicial Council, New Hampshire Municipal Association, and New Hampshire Association of Counties