New Hampshire HB 1625: reducing the penalty for certain first offense drug possession charges.

Bill Text

HB 1625-FN - AS INTRODUCED

2020 SESSION

 20-2721

 04/01

HOUSE BILL 1625-FN

AN ACT reducing the penalty for certain first offense drug possession charges.

SPONSORS: Rep. Bordenet, Ches. 5; Rep. Welch, Rock. 13; Rep. Rodd, Merr. 6

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

 This bill reduces the penalty for certain drug 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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 20-2721

 04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT reducing the penalty for certain first offense drug possession charges.

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

 1 First Offense Drug Charges; Penalties. RSA 318-B:26, II(a) is repealed and reenacted to read as follows:

 (a) In the case of a controlled drug or its analog, other than those specifically covered in this section, the person shall be guilty of a misdemeanor, except that any person who commits any such violation after one or more prior offenses as defined in RSA 318-B:27 may be sentenced to a class B felony or as a misdemeanor at the discretion of the sentencing court. 

 2 Penalties for Certain Drug Offenses; Intent to Sell Near a School; Drug Enterprise Leader. Amend RSA 318-B:26, V and VI to read as follows:

 V. Any person who violates this chapter by manufacturing, selling, prescribing, administering, dispensing, or possessing with intent to sell, dispense, or compound any controlled drug or its analog, in or on or within 1,000 feet of the real property comprising a public or private elementary, secondary, or secondary vocational-technical school, may be sentenced to a term of imprisonment or fine, or both, up to twice that otherwise authorized by this section. [Except to the extent a greater minimum sentence is otherwise provided by this chapter, a sentence imposed under this paragraph shall include a mandatory minimum term of imprisonment of not less than one year. Neither the whole nor any part of the mandatory minimum sentence imposed under this paragraph shall be suspended or reduced.] 

 VI. Except as otherwise provided in this paragraph, a person convicted under RSA 318-B:2, XII as a drug enterprise leader [shall] may be sentenced to [a mandatory minimum term of not less than 25 years and may be sentenced to] an extended term of imprisonment which may include a maximum term of not more than life imprisonment. The court may also impose a fine not to exceed $500,000 or 5 times the street value of the controlled drug or controlled drug analog involved, whichever is greater. [Upon conviction, the court shall impose the mandatory sentence unless the defendant has pleaded guilty pursuant to a negotiated agreement or, in cases resulting in trial, the defendant and the state have entered into a post-conviction agreement which provides for a lesser sentence. The negotiated plea or post-conviction agreement may provide for a specified term of imprisonment within the range of ordinary or extended sentences authorized by law, a specified fine, or other disposition. In that event, the court at sentencing shall not impose a lesser term of imprisonment or fine than that expressly provided for under the terms of the plea or post-conviction agreement.] 

 3 Repeal. RSA 318-B:26, II(b), relative to maximum sentences for certain drug violations, is repealed.

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

 LBAO

 20-2721

 12/6/19

HB 1625-FN- FISCAL NOTE

AS INTRODUCED

AN ACT reducing the penalty for certain first offense drug possession charges.

FISCAL IMPACT: [ X ] State [ X ] 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 Decrease

Indeterminable Decrease

Indeterminable Decrease

 Funding Source:

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

 COUNTY:

 Revenue

$0

$0

$0

$0

 Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 METHODOLOGY:

This bill reduces the penalty for certain drug offenses. The bill affects penalties that have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many fewer charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures and fine revenue. However, the entities impacted have provided the potential costs associated with these penalties below.

 Judicial Branch

FY 2021

FY 2022

 Class B Misdemeanor

$54

$56

 Cl