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SB 58-FN - AS AMENDED BY THE SENATE

 

03/06/2025   0377s

2025 SESSION

25-1017

09/11

 

SENATE BILL 58-FN

 

AN ACT relative to venue in criminal prosecutions of distribution of a controlled drug with death resulting.

 

SPONSORS: Sen. Pearl, Dist 17; Sen. Lang, Dist 2; Sen. Reardon, Dist 15; Sen. Innis, Dist 7; Sen. Rochefort, Dist 1; Sen. Watters, Dist 4; Sen. Murphy, Dist 16; Rep. Moffett, Merr. 4; Rep. Seaworth, Merr. 12; Rep. Wood, Merr. 13; Rep. Aures, Merr. 13

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill broadens criminal venue to allow for prosecution of the crime of distribution of a controlled drug with death resulting in the jurisdiction where either the death occurred or where the manufacturing, selling, or dispensing took place.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/06/2025   0377s 25-1017

09/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Five

 

AN ACT relative to venue in criminal prosecutions of distribution of a controlled drug with death resulting.

 

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

 

1  New Paragraph; Distribution of a Controlled Drug with Death Resulting; Venue.  Amend RSA 318-B:26 by inserting after paragraph IX-a the following new paragraph:

IX-b.  A prosecution for an offense under paragraph IX of this section may be commenced in the jurisdiction where either the death occurred or the manufacturing, selling, or dispensing took place.

2  Effective Date.  This act shall take effect January 1, 2026.

 

LBA

25-1017

Revised 1/16/25

 

SB 58-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to venue in criminal cases.

 

FISCAL IMPACT:   This bill does not provide funding.

 

 

Estimated State Impact

 

FY 2025

FY 2026

FY 2027

FY 2028

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures*

$0

Indeterminable Increase ($10,000 to $100,000)

Indeterminable Increase ($10,000 to $100,000)

Indeterminable Increase ($10,000 to $100,000)

Funding Source(s)

General Fund

Appropriations*

$0

$0

$0

$0

Funding Source(s)

None

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

 

METHODOLOGY:

This bill allows for a prosecution to be brought in a any venue where an element of that crime has occurred.  The Department of Justice states  this bill could increase General Fund expenditures, potentially ranging from $10,000 to $100,000, depending on prosecution costs affected by the location of witnesses.  Cases may be brought in venues that require witnesses to incur greater travel expenses.  However, the specific fiscal impact related to witness costs remains indeterminable at this time.

 

The Judicial Branch states this bill has the potential to increase General Fund expenditures by $10,000 or less due to the additional costs associated with an increase in litigation.  

 

AGENCIES CONTACTED:

Department of Justice and Judicial Branch