SB 205-FN – AS AMENDED BY THE SENATE

04/08/09 1166s

04/08/09 1281s

2009 SESSION

09-1042

04/03

SENATE BILL 205-FN

AN ACT making various changes to the criminal statutes.

SPONSORS: Sen. Hassan, Dist 23; Sen. Reynolds, Dist 2; Sen. DeVries, Dist 18; Sen. Downing, Dist 22; Sen. Odell, Dist 8; Rep. Welch, Rock 8; Rep. Tilton, Merr 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill:

I. Increases the statutory damage amounts for theft, criminal trespass, criminal mischief, willful concealment, and shoplifting, and for certain crimes involving fraud.

II. Allows the court the discretion to order a presentence investigations in felony cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/08/09 1166s

04/08/09 1281s

09-1042

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT making various changes to the criminal statutes.

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

1 Criminal Mischief. Amend RSA 634:2, II and II-a to read as follows:

II. Criminal mischief is a class B felony if the actor purposely causes or attempts to cause:

(a) Pecuniary loss in excess of [$1,000] $3,500; or

(b) A substantial interruption or impairment of public communication, transportation, supply of water, gas, or power, or other public service; or

(c) Discharge of a firearm at an occupied structure, as defined in RSA 635:1, III; or

(d) Damage to private or public property, real or personal, when the actor knows that the property has historical, cultural, or sentimental value that cannot be restored by repair or replacement.

II-a. Criminal mischief is a class A misdemeanor if the actor purposely causes or attempts to cause pecuniary loss in excess of $100 and not more than [$1,000] $3,500.

2 Unauthorized Entries; Criminal Trespass. Amend RSA 635:2, II to read as follows:

II. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of [$1,000] $1,750 to the value of the property of another.

3 Theft; Penalties. Amend RSA 637:11 to read as follows:

637:11 Penalties.

I. Theft constitutes a class A felony if:

(a) The value of the property or services exceeds [$1,000] $3,500, or

(b) The property stolen is a firearm, or

(c) The actor is armed with a deadly weapon at the time of the theft, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g.

II. Theft constitutes a class B felony if:

(a) The value of the property or services is more than [$500] $1,750 but not more than [$1000] $3,500, or

(b) The actor has been twice before convicted of theft of property or services, as a felony or class A misdemeanor, or

(c) The theft constitutes a violation of RSA 637:5, II(a) or (b), or

(d) The property or services stolen are from 3 separate business establishments within a 72-hour period.

III. Theft constitutes a misdemeanor if the value of the property or services does not exceed [$500] $1,750.

4 Fraud; Issuing Bad Checks. Amend RSA 638:4, IV(a) to read as follows:

IV.(a) Issuing a bad check is:

(1) A class A felony if the face amount of the check exceeds [$1,000] $3,500;

(2) A class B felony if the face amount of the check exceeds [$500] $1,750 but is not more than [$1,000] $3,500;

(3) A class A misdemeanor if the face amount of the check does not exceed [$500] $1,750 and the actor has been convicted of an offense under this section within the previous 12 months;

(4) A class B misdemeanor in all other cases.

5 Fraud; Fraudulent Use of Credit Card. Amend RSA 638:5, III to read as follows:

III.(a) Fraudulent use of a credit card is:

(1) A class A felony if property or services are obtained which exceed the value of [$1,000] $3,500;

(2) A class B felony if property or services are obtained which exceed the value of [$500] $1,750 but are not more than the value of [$1,000] $3,500;

(3) A misdemeanor in all other cases.

(b) The value may be determined according to the provisions of RSA 637:2, V.

6 Fraud; Commercial Bribery. Amend RSA 638:7, III to read as follows:

III.(a) Commercial bribery is:

(1) A class A felony if the value of the benefit referred to in paragraphs I and II is more than [$1,000] $3,500;

(2) A class B felony if the value of the benefit referred to in paragraphs I and II is more than [$500] $1,750, but is not more than [$1,000] $3,500;

(3) A misdemeanor in all other cases.

(b) The value shall be determined according to the provisions of RSA 637:2, V.

7 Fraud; Sports Bribery. Amend RSA 638:8, II to read as follows:

II.(a) Sports bribery is:

(1) A class A felony if the benefit referred to in subparagraphs I(a), (b) or (d), or the value of the benefit gained or to be gained from influencing the outcome of a contest as referred to in subparagraph I(c), exceeds [$1,000] $3,500 or if the injury threatened in subparagraphs I(a) or (b) is a serious bodily injury;

(2) A class B felony in all other cases.

(b) The value shall be determined according to the provisions of RSA 637:2, V.

8 Fraud; Fraud on the Women, Infants, and Children (WIC) Program. Amend RSA 638:15, II to read as follows:

II. Fraud on the women, infants, and children program is:

(a) A class A felony where the value of the funds, assets, or property exceeds [$1,000] $3,500;

(b) A class B felony where the value of the funds, assets, or property exceeds [$100] $1,750, but is not more than [$1,000] $3,500;

(c) A misdemeanor in all other cases.

9 Fraud; Computer Crime Penalties. Amend RSA 638:18, I-III to read as follows:

I. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds [$1,000] $3,500, or if the person has previously been convicted of violating RSA 638:17, II, IV, or VI, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States.

II. Computer crime constitutes a class B felony if:

(a) The damage to or the value of the property or computer services exceeds [$500] $1,750 but is not more than $3,500;

(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or

(c) The person is guilty of violating RSA 638:17, II, IV, or VI.

III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is [$500] $1,750 or less.

10 Fraud; Computer Crime Penalties. Amend RSA 638:18, V(c) to read as follows:

(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be [$250] $1,750.

11 Fraud; Insurance Fraud. Amend RSA 638:20, IV(a) to read as follows:

IV.(a) Insurance fraud is:

(1) A class A felony if the value of the fraudulent portion of the claim for payment or other benefit pursuant to an insurance policy is more than [$1,000] $3,500.

(2) A class B felony if the value of the fraudulent portion of the claim for payment or other benefit pursuant to an insurance policy is more than [$500] $1,750, but not more than [$1,000] $3,500.

(3) A misdemeanor in all other cases.

12 Presentence Investigation. Amend RSA 651:4 to read as follows:

651:4 Presentence Investigation.

I. [No person convicted of a felony shall be sentenced before a written report of a presentence investigation has been presented to and considered by the court, unless waived by defendant and the state, or by the court.] The court may, in its discretion, order a presentence investigation for a defendant convicted of a felony or a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the felony or misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation.

II. Before imposing sentence, the court shall take such steps as may be necessary so that the defendant is advised, by [his] counsel or otherwise, as the situation warrants, of the factual contents of any presentence investigation, and afforded a fair opportunity to [controvert] contest them. The sources of confidential information need not, however, be disclosed.

13 Effective Date. This act shall take effect January 1, 2010.

LBAO

09-1042

Revised 03/05/09

SB 205-FN - FISCAL NOTE

AN ACT making various changes to the criminal statutes.

FISCAL IMPACT:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.