Concerning persons appointed to a convention called by the United States Congress to propose amendments to the United States Constitution, providing a penalty, and including effective date provisions

Description

House File 2327 prohibits commissioners, persons selected to represent the State, from proposing or voting to approve an unauthorized amendment or an unauthorized rule at an Article V convention and requires such persons to take an oath recognizing these prohibitions. Unauthorized amendment is defined as a proposed amendment that is outside the subject matter of the State’s joint resolution applying to Congress to call the Article V convention or that is in contravention of any instructions provided to commissioners by the State. Unauthorized rule is defined as proposed rule that is in conflict with a rule that each State be granted one vote and that a majority vote is required to prose an amendment to the United States Constitution. A commissioner that violates a provision of the Bill is subject to removal and replacement as a commissioner and commits a simple misdemeanor.

Background

A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.

Assumptions

• The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
• A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
• Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.

Correctional Impact

The correctional impact of HF 2327 cannot be determined. The Bill establishes a new Code chapter and there are no current laws under it. The punishments for simple misdemeanors under this Bill do not include the possibility of imprisonment. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.

Minority Impact

House File 2327 establishes a new simple misdemeanor, and a minority impact cannot be estimated due to a lack of data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.

Fiscal Impact

The fiscal impact of HR 2327 is unknown. The average State cost for one simple misdemeanor conviction ranges from $40 to $370. Any fiscal impact to the State General Fund would include operating costs incurred by the Judicial Branch and State Public Defender.

Sources

• Criminal and Juvenile Justice Planning Division, Department of Human Rights