SB311: relative to annulment of criminal records.

SB 311-FN - FINAL VERSION

03/14/2019 0796s

8Jan2020... 2799h

8Jan2020... 0012h

2020 SESSION

19-0881

04/01

SENATE BILL 311-FN

AN ACT relative to annulment of criminal records.

SPONSORS: Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Sen. Feltes, Dist 15; Rep. Rodd, Merr. 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill provides for annulment of a criminal record without payment of a fee in certain cases and specifies a waiting period for the annulment of simple possession drug-related offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/14/2019 0796s

8Jan2020... 2799h

8Jan2020... 0012h 19-0881

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to annulment of criminal records.

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

1 Annulment of Criminal Records. Amend RSA 651:5, II and the introductory paragraph in RSA 651:5, II-a to read as follows:

II. For an offense disposed of before January 1, 2019 and any offense not subject to paragraph II-a, any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time, without payment of a fee, in accordance with the provisions of this section. Any person who was convicted of a criminal offense whose conviction was subsequently vacated by a court may petition for annulment of the arrest record or court record, or both, in accordance with the provisions of this section. Nothing in this paragraph shall limit the provisions of subparagraph XI(b).

II-a.(a) For an offense disposed of on or after January 1, 2019, any person whose arrest has resulted in a finding of not guilty on all charges that resulted from the arrest, or whose case was dismissed or not prosecuted, shall have the arrest record and court record annulled without payment of a fee:

2 New Paragraph; Annulment of Criminal Records. Amend RSA 651:5 by inserting after paragraph III the following new paragraph:

III-a. A person who was less than 25 years of age at the time of the commission of a simple possession drug-related crime for which he or she was convicted may petition for annulment of the record of arrest, conviction, and sentence pursuant to this section or when the person reaches 27 years of age, whichever is earlier. This paragraph shall not apply to the conviction for an offense listed in paragraph V.

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

VETOED July 29, 2020 VETO SUSTAINED September 16, 2020

LBAO

19-0881

Amended 1/22/20

SB 311-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0012h)

AN ACT relative to annulment of criminal records.

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

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ ] General [ ] Education [ ] Highway [ X ] Other - Criminal Records Fees

METHODOLOGY:

This bill provides for annulment of a criminal record without payment of a fee in certain cases and specifies a waiting period for the annulment of simple possession drug-related offenses. The Department of Safety indicates annulment of certain criminal records without payment of the fee will decrease revenue to the Criminal Records Unit. The Department also assumes the bill would increase volume of granted annulment petitions and the workload of the clerks within the unit assigned to processing the petitions.

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

AGENCIES CONTACTED:

Department of Safety