SB415: relative to the penalty for certain fentanyl-related offenses.

SB 415-FN - AS INTRODUCED

2024 SESSION

24-2945

09/08

SENATE BILL 415-FN

AN ACT relative to the penalty for certain fentanyl-related offenses.

SPONSORS: Sen. Gannon, Dist 23; Sen. Avard, Dist 12; Sen. Bradley, Dist 3; Sen. Birdsell, Dist 19; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Pearl, Dist 17; Sen. Gendreau, Dist 1; Sen. Abbas, Dist 22; Rep. Hobson, Rock. 14; Rep. Piemonte, Rock. 9

COMMITTEE: Judiciary

ANALYSIS

This bill adds mandatory minimum sentences for certain fentanyl-related offenses.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2945

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to the penalty for certain fentanyl-related offenses.

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

1 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(a) to read as follows:

(a) In the case of a violation involving any of the following, a person shall be sentenced to a maximum term of imprisonment of not more than 30 years, a fine of not more than $500,000, or both. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person may be sentenced to a maximum term of life imprisonment, a fine of not more than $500,000, or both:

(1) Five ounces or more of a mixture or substance containing any of the following, including any adulterants or dilutants:

(A) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; or

(B) Cocaine other than crack cocaine, its salts, optical and geometric isomers, and salts of isomers; or

(C) Ecgonine, its derivatives, their salts, isomers, and salts of isomers.

(2) Lysergic acid diethylamide, or its analog, in a quantity of 100 milligrams or more including any adulterants or dilutants, or phencyclidine (PCP), or its analog, in a quantity of 10 grams or more including any adulterants or dilutants.

(3) Heroin or its analog, crack cocaine, or a fentanyl class drug in a quantity of 5 grams or more, including any adulterants or dilutants.

(A) A fentanyl class drug in a quantity of 5 grams or more, including any adulterants or dilutants, shall carry a minimum term of imprisonment of not less than three years and six months incarceration. A fentanyl class drug in a quantity of 28 grams or more, including any adulterants or dilutants, shall carry a minimum term of imprisonment of not less than seven years incarceration. The court may not defer, combine, or run concurrently with any other sentence the mandatory minimum unless:

(i) The offender was less than 18 years of age at the time of the commission of the offense for which the offender is to be sentenced;

(ii) The offender’s mental capacity, at the time of the commission of the offense for which the offender is to be sentenced, was significantly impaired to the extent that the defendant was deemed incompetent. However, a voluntarily induced intoxicated or drugged condition may not be considered an impairment for the purposes of this subparagraph; or

(iii) The offender was an accomplice, the conduct constituting the offense was principally the conduct of another, and the offender's participation was relatively minor.

(4) Methamphetamine or its analog, in a quantity of 5 ounces or more, including adulterants or dilutants.

2 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2945

11/29/23

SB 415-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the penalty for certain fentanyl-related offenses.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

AGENCIES CONTACTED:

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