HB 1497-FN - AS INTRODUCED
2024 SESSION
24-2777
11/10
HOUSE BILL 1497-FN
SPONSORS: Rep. Gerhard, Merr. 25; Rep. T. Mannion, Hills. 1
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill requires trial courts in all criminal matters to impose a sentence that does not exceed a length of incarceration by more than 10 percent of the incarceration length contemplated in the most recent plea bargain accepted by the defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2777
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Sentencing; Plea Bargain. Amend RSA 651 by inserting after section 2 the following new section:
651:2-a Incarceration. Notwithstanding any law to the contrary, where a defendant has accepted the most recently offered plea bargain in a criminal case that requires that the defendant be incarcerated, a judge may not impose a period of incarceration which exceeds by more than 10 percent the length of incarceration contemplated in the plea bargain. In cases where the federal government exercises concurrent jurisdiction over a matter with New Hampshire, a federal court judge shall be bound by this law.
2 Effective Date. This act shall take effect January 1, 2025.
24-2777
11/29/23
HB 1497-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
| |||||
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
| |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
| |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] No • Does this bill authorize new positions to implement this bill? [X] No
| ||||||
METHODOLOGY:
This bill requires trial courts in all criminal matters to impose a sentence that does not exceed a length of incarceration by more than 10 percent of the incarceration length contemplated in the most recent plea bargain accepted by the defendant. The Judicial Branch states the fiscal impact of this bill on expenditures is indeterminable because more pleas could be rejected and that could lead to an increase in court time spent on criminal cases. The validity/constitutionality of the legal change could also be litigated however, this is uncertain.
AGENCIES CONTACTED:
Judicial Branch