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HB 776-FN - AS AMENDED BY THE SENATE

 

06/05/2025   2485s

2025 SESSION

25-0803

09/08

 

HOUSE BILL 776-FN

 

AN ACT relative to the crime of aggravated driving while intoxicated and relative to proclaiming the Virginia opossum the state marsupial of New Hampshire.

 

SPONSORS: Rep. Roy, Rock. 31; Rep. Proulx, Hills. 15; Rep. Rhodes, Ches. 17; Sen. Abbas, Dist 22; Sen. Birdsell, Dist 19

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill adds wrong-way driving to the list of aggravating factors that can elevate a driving while intoxicated offense to an aggravated driving while intoxicated offense.

 

This bill also proclaims the Virginia opossum the state marsupial of New Hampshire and renames such opossums within the borders of the state as "New Hampshire opossums."

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/05/2025   2485s 25-0803

09/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to the crime of aggravated driving while intoxicated and relative to proclaiming the Virginia opossum the state marsupial of New Hampshire.

 

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

 

1  Aggravated Driving While Intoxicated; Aggravating Factor Added.  Amend RSA 265-A:3, I(d)-(e) to read as follows:

(d)  Carries as a passenger a person under the age of 16; [or]

(e)  Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or

(f)  Drives or operates a vehicle in violation of 265:26, I;

2  Aggravated Driving While Intoxicated; Aggravating Factor Added.  Amend RSA 265-A:3, II(d)-(e) to read as follows:

(d)  Carries as a passenger a person under the age of 16; [or]

(e)  Drives a vehicle with a gross combination weight rating of 10,001 pounds or more; or

(f)  Drives or operates a vehicle in violation of 265:26, I; or

3  New Section; State Marsupial.  Amend RSA 3 by inserting after section 31 the following new section:

3:32  State Marsupial.  The Virginia opossum (Didelphis virginiana) is hereby designated as the official state marsupial of New Hampshire and such opossums found within our borders shall be known as "New Hampshire opossums."  

4  Effective Date.  

I. Sections  1-2 of this act shall take effect January 1, 2026.

II. The remainder of this act shall take effect 60 days after its passage.

 

LBA

25-0803

1/12/25

 

HB 776-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the crime of aggravated driving while intoxicated.

 

FISCAL IMPACT:  

 

 

Estimated State Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures*

Indeterminable

Funding Source

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source

None

*Expenditure = Cost of bill            *Appropriation = Authorized funding to cover cost of bill

 

Estimated Political Subdivision Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

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