Bill Text: NH HB397 | 2023 | Regular Session | Introduced
Bill Title: Relative to the prohibition of the possession of hypodermic needles by minors.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2023-05-18 - Rereferred to Committee, Motion Adopted, Voice Vote; 05/18/2023; Senate Journal 15 [HB397 Detail]
Download: New_Hampshire-2023-HB397-Introduced.html
HB 397 - AS INTRODUCED
2023 SESSION
23-0574
05/04
HOUSE BILL 397
AN ACT relative to the prohibition of the possession of hypodermic needles by minors.
SPONSORS: Rep. Phillips, Rock. 7; Rep. Yokela, Rock. 32; Rep. Layon, Rock. 13; Rep. Love, Rock. 13; Rep. Popovici-Muller, Rock. 17
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill clarifies the circumstances under which a minor may be in possession of a hypodermic needle or syringe.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0574
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the prohibition of the possession of hypodermic needles by minors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Control or Possession of Hypodermic or Like Instruments Without Prescription Prohibited for Minors. Amend RSA 318:52-e to read as follows:
318:52-e Control or Possession of Hypodermic or Like Instruments Without Prescription Prohibited for Minors. No person under 18 years of age shall have under such person's control or possess a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection, unless the person has received a written or oral prescription issued under RSA 318:52-c, the recipient is acting as an authorized agent for another as defined in RSA 318:42, I, or the instrument is obtained through participation in a program authorized under RSA 318-B:43. For the purpose of this subdivision, no such prescription shall be valid which has been outstanding for more than one year.
2 Sale of Hypodermic Syringes and Needles. Amend RSA 318:52-c, I to read as follows:
I. No person shall sell, furnish, or give to any person, under 18 years of age, an instrument commonly known as a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection without the written or oral prescription of a licensed physician, physician assistant, dentist, veterinarian, podiatrist, or advanced practice registered nurse, unless the recipient is acting as an authorized agent for another as defined in RSA 318:42, I or the instrument is obtained through participation in a program authorized under RSA 318-B:43. Such prescription shall contain the name and address of the patient, the date of the prescription, the description of the instrument prescribed, and the number of instruments prescribed.
3 Effective Date. This act shall take effect January 1, 2024.
23-0574
12/12/22
HB - FISCAL NOTE
AS INTRODUCED
AN ACT relative to the prohibition of the possession of hypodermic needles by minors.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
METHODOLOGY:
This bill repeals RSA 318:52-e, which makes it a misdemeanor for minors to possess hypodermic needles without a prescription. There is no method to determine how many fewer charges will be brought as a result of this bill; accordingly, the fiscal impact is indeterminable. However, the entities impacted have provided the following potential costs associated with misdemeanor charges:
Judicial Branch | FY 2023 | FY 2024 through 12/31/23 | FY 2024 (Starting 1/1/24 with repeal of Felonies First) | |||
Violation and Misdemeanor Level Offense | $119 | $122 | $122 | |||
Appeals | Varies | Varies | Varies | |||
Judicial Council | FY 2023 | FY 2024 | ||||
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. | ||||
Contract Attorney – Misdemeanor | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | ||||
Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap. | $90/Hour up to $2,000 | $90/Hour up to $2,000 | ||||
Assigned Counsel - Supreme Court Appeal | $125/Hour up to $10,000 | $125/Hour up to $10,000 | ||||
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. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake of new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments. | ||||||
NH Association of Counties | FY 2023 | FY 2024 | ||||
County Prosecution Costs | Indeterminable | Indeterminable | ||||
Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount. If this bill results in fewer appeals, the Department may experience a decrease in costs associated with appeals.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, and New Hampshire Association of Counties
