HB1671: relative to arrest and search warrants issued by superior court.

HB 1671-FN - AS INTRODUCED

2020 SESSION

20-2453

04/05

HOUSE BILL 1671-FN

AN ACT relative to arrest and search warrants issued by superior court.

SPONSORS: Rep. Gordon, Graf. 9

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires that a law enforcement officer seeking a search warrant give preference to obtaining the warrant from the court that would hear the alleged violation of the law. The bill also requires that warrants alleging a felony level offense shall be issued by a justice of the superior court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2453

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to arrest and search warrants issued by superior court.

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

1 Proceedings in Criminal Cases; Warrants. Amend RSA 592-A:8 to read as follows:

592-A:8 Warrants. A justice of the peace or justice of the [circuit] superior court, upon such complaint when signed under oath, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his or her deputy or to any constable or police officer of any town in the county, provided however, that any warrant alleging a felony level offense shall be issued by a justice of the superior court.

2 Criminal Procedure in Superior Court; Warrants. Amend RSA 592-B:4 to read as follows:

592-B:4 Warrants. A justice of the peace or justice of the superior [or circuit] court, upon such complaint or indictment, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his or her deputy or to any constable or police officer of any town in the county, provided however, that any warrant alleging a felony level offense shall be issued by a justice of the superior court.

3 Issuance of Search Warrants. Amend the introductory paragraph of RSA 595-A:1 to read as follows:

A search warrant authorized by this chapter may be issued by any justice, associate justice or special justice of the [municipal, district] circuit or superior courts to search for and seize any property which is:

4 New Section; Search Warrants. Amend RSA 595-A by inserting after section 1 the following new section:

595-A:1-a Preference for Issuance of Search Warrants. An officer seeking a search warrant shall give preference to having the search warrant issued by a justice of the court where the alleged violation of law would be heard. No request for a search warrant shall be unreasonably refused.

5 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2453

Revised 1/22/20

HB 1671-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to arrest and search warrants issued by superior court.

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

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

$203,900

$414,300

$425,600

Funding Source:

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

METHODOLOGY:

This bill requires that a law enforcement officer seeking a search warrant give preference to obtaining the warrant from the court that would hear the alleged violation of the law. The bill also requires that warrants alleging a felony level offense shall be issued by a justice of the superior court. The Judicial Branch indicates this bill would amend both RSA 592-A:8 and RSA 592-B:4 to provide that any warrant alleging a felony level offense be issued by a justice of the superior court, rather than a justice of the circuit court as is current law. The Judicial Branch estimates the resulting increase in workload would require an additional superior court judge and two additional staff at the Court Assistant II pay grade. The Branch provided the following cost information:

FY 2021*

FY 2022

FY 2023

Superior Court Judge

$150,700

$302,500

$305,200

Court Assistant II

$26,600

$55,900

$60,200

Court Assistant II

$26,600

$55,900

$60,200

Total

$203,900

$414,300

$425,600

*Since the bill is effective on January 1, 2021, the costs in FY 2021 are for one-half of the fiscal year.

AGENCIES CONTACTED:

Judicial Branch