HB 1657-FN - AS INTRODUCED

2016 SESSION

16-2561

08/04

HOUSE BILL 1657-FN

AN ACT prohibiting firearms in certain public places.

SPONSORS: Rep. Rogers, Merr. 28; Rep. Rollo, Straf. 18; Rep. Berch, Ches. 1; Rep. Burton, Straf. 6; Rep. Berrien, Rock. 18; Rep. C. Chase, Ches. 8; Rep. P. Brown, Hills. 31

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill prohibits firearms in certain public places.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2561

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT prohibiting firearms in certain public places.

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

1  New Subdivision; Firearms Prohibited in Certain Public Places.  Amend RSA 159 by inserting after section 26 the following new subdivision:

Firearms Prohibited in Certain Public Places

159:27  Firearms Prohibited in Certain Public Places.

I.  No person shall knowingly carry a loaded or unloaded pistol, revolver, firearm, or other deadly weapon as defined in RSA 625:11, V, whether open or concealed, or whether licensed or unlicensed, upon the person or within any of the person's possessions owned or within the person's control in the following places:

(a)  A place where medical services are provided.  For the purposes of this section "medical services" means any service, supply, or drug intended for the maintenance care of, or preventive care for, the human body or the care or treatment of an illness or dysfunction of, or injury to, the human body.  "Medical services'' includes, but is not limited to, physician care, inpatient care, hospital surgical services, emergency services, ambulance services, laboratory services, pharmaceutical supplies, prescription drugs, and medical equipment and supplies.

(b)  Any place holding a valid liquor license under RSA 178 where liquor is sold or consumed.

(c)  A polling place during a federal, state, or municipal election.

(d)  Houses of public worship, parish houses, church parsonages occupied by their pastors, convents, monasteries, buildings and the lands appurtenant to them which are owned, used, or occupied directly for religious training or for other religious purposes by any regularly recognized and constituted denomination, creed, or sect, organized, incorporated, or legally doing business in this state and the personal property used by them for the purposes for which they are established.

(e)  Any entertainment venue which seats more than 5,000 people.

II.  Any person who violates the provisions of this section shall be guilty of a class B felony.

2  Effective Date.  This act shall take effect January 1, 2017.

LBAO

16-2561

12/21/15

HB 1657-FN- FISCAL NOTE

AN ACT prohibiting firearms in certain public places.

FISCAL IMPACT:

The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no fiscal impact on local expenditures or state, county, and local revenue.

METHODOLOGY:

The Office of Legislative Budget Assistant states this bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems, specifically a class B felony for carrying a firearm, open or concealed, in certain public places.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill.  See table below for average cost information:

Judicial Branch

Routine Criminal Felony Case

Appeals

It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

Judicial Council

Public Defender Program

Contract Attorney – Felony

Assigned Counsel – Felony

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

FY 2015 Average Cost of Incarcerating an Individual

FY 2015 Average Cost of Supervising an Individual on Parole/Probation

NH Association of Counties

County Prosecution Costs

Estimated Average Daily Cost of Incarcerating an Individual

The Department of Justice does not anticipate this bill having an impact on its budget.