HB1677: relative to the authority of the attorney general to supervise the county attorney.

HB 1677-FN - AS INTRODUCED

2020 SESSION

20-2291

05/10

HOUSE BILL 1677-FN

AN ACT relative to the authority of the attorney general to supervise the county attorney.

SPONSORS: Rep. Andrew Bouldin, Hills. 12; Rep. Klee, Hills. 30; Rep. Cornell, Hills. 18; Rep. Loughman, Rock. 21; Rep. W. Thomas, Hills. 21; Rep. Hamer, Hills. 17; Rep. Van Houten, Hills. 45; Rep. Query, Hills. 16; Rep. Riel, Hills. 6; Rep. Almy, Graf. 13

COMMITTEE: Judiciary

ANALYSIS

This bill requires the executive council to approve the attorney general's decision to assume control over the prosecution of criminal cases by a county attorney.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2291

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to the authority of the attorney general to supervise the county attorney.

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

1 Supervision of County Attorney. Amend RSA 7:11 to read as follows:

7:11 Duties Not Exclusive; Supervision of County Attorney in Certain Cases.

I. Nothing herein contained shall relieve any officer or person of any duty prescribed by law relative to the enforcement of any criminal law, but such officer or person, in the enforcement of such law, shall be subject to the control of the attorney general whenever in the discretion of the latter he or she shall see fit to exercise the same.

II. If the attorney general determines that neglect of duty by a county attorney requires the attorney general to directly supervise and administer the prosecution of criminal cases by the county attorney's office, the attorney general shall submit the matter to the executive council for approval before taking such action. Prior approval by the executive council shall not be required if a criminal investigation or criminal charges involving the county attorney are pending, or if the county attorney has become incapacitated or resigned. However, an emergency meeting of the executive council shall be called to authorize the attorney general's continued, direct supervision over the office.

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

LBAO

20-2291

Revised 1/3/20

HB 1677-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the authority of the attorney general to supervise the county attorney.

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

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

METHODOLOGY:

This bill requires the Executive Council to approve the Attorney General's decision to assume control over the prosecution of criminal cases by a county attorney.

The Department of Justice indicates it rarely exercises it's authority to directly supervise and administer the prosecution of criminal cases by county attorney's offices or any other prosecuting office. The Department states the fiscal impact is indeterminable because it is uncertain how many requests to the Governor and Council may result from the bill.

The Department of Administrative Services indicates it is unclear if the Department of Justice would need additional assistance from the Department such as office space or procurement services. The Department indicates any additional costs, while indeterminable, would be minimal.

The New Hampshire Association of Counties indicates this bill would result in no discernable cost to the counties.

It is assumed the fiscal impact of this bill would not occur until FY 2021.

AGENCIES CONTACTED:

Departments of Justice and Administrative Services, and New Hampshire Association of Counties