HB 1635-FN - AS INTRODUCED
2016 SESSION
16-2564
08/05
HOUSE BILL 1635-FN
AN ACT relative to the theft of a firearm during a burglary.
SPONSORS: Rep. Rogers, Merr. 28; Rep. Baldasaro, Rock. 5; Rep. Berch, Ches. 1; Rep. Rollo, Straf. 18; Rep. Horrigan, Straf. 6; Rep. Burton, Straf. 6; Rep. Berrien, Rock. 18
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill provides penalties for the theft of a firearm during a burglary.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2564
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the theft of a firearm during a burglary.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Burglary; Stolen Firearms. Amend RSA 635:1, III to read as follows:
II. Burglary is a class B felony unless it is perpetrated in the dwelling of another at night, or if, in the commission of the offense, attempt at commission or in flight immediately after attempt or commission, the actor is armed with a deadly weapon or explosives or he or she purposely, knowingly or recklessly inflicts bodily injury on anyone or the property stolen is a firearm; in which case it is a class A felony; except that if the person is armed with a deadly weapon and the deadly weapon is a firearm or the property stolen is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g.
2 Effective Date. This act shall take effect January 1, 2017.
16-2564
12/18/15
HB 1635-FN- FISCAL NOTE
AN ACT relative to the theft of a firearm during a burglary.
FISCAL IMPACT:
The Department of Corrections and New Hampshire Association of Counties state this bill, as introduced, may have an indeterminable impact on state and county expenditures in FY 2017 and each year thereafter. There will be no impact on state, county and local revenue or local expenditures.
METHODOLOGY:
The Department of Corrections states this bill would amend the burglary statute to increase the penalty for theft of a firearm during a burglary from a class B felony to a class A felony. The Department states the fiscal impact of this bill cannot be determined since the number of individuals who may or may not be found guilty of an offense and subsequently sentenced to incarceration cannot be predicted. The Department indicates the average annual cost of incarcerating an individual in the general population for the fiscal year ending June 30, 2015 was $34,336. The average cost to supervise an individual by the Department’s Division of Field Services for the fiscal year ending June 30, 2015 was $520.
The New Hampshire Association of Counties is not able to determine the impact the bill may have on county expenditures, but assumes it could impact prosecution and incarceration costs. The Association states county incarceration costs range between $85 and $110 per day and county prosecution costs vary across the state.
The Department of Justice, Judicial Branch and Judicial Council state this bill will have no fiscal impact. The Judicial Branch and Judicial Council indicate the bill would not increase the number of felony cases or the cost to process or defend them. The Department of Justice states it would not be involved in any potential investigations or prosecutions that may result from the bill and any appeal could be handled within the current budget.