Bill Text: NH HB1306 | 2018 | Regular Session | Introduced
Bill Title: Relative to aggravated felonious sexual assault in a public accommodation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-02-22 - Inexpedient to Legislate: Motion Adopted Voice Vote 02/22/2018 House Journal 5 P. 5 [HB1306 Detail]
Download: New_Hampshire-2018-HB1306-Introduced.html
HB 1306-FN - AS INTRODUCED
2018 SESSION
18-2258
04/08
HOUSE BILL 1306-FN
AN ACT relative to aggravated felonious sexual assault in a public accommodation.
SPONSORS: Rep. J. Edwards, Rock. 4; Sen. Reagan, Dist 17
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill adds sexual assault in a place of public accommodation to the circumstances which constitute aggravated felonious sexual assault.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2258
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to aggravated felonious sexual assault in a public accommodation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I by inserting after subparagraph (n) the following new subparagraph:
(o) When the victim is vulnerable due to using facilities within a place of public accommodation, as defined in RSA 354-A:2, in which the user has an expectation of privacy, such as a bathroom or a locker room.
2 Effective Date. This act shall take effect January 1, 2019.
18-2258
10/23/17
HB 1306-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to aggravated felonious sexual assault in a public accommodation.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
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METHODOLOGY:
This bill contains a penalty that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Complex Criminal Case | $892 | $916 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $2,490/Case | $2,490/Case |
Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $100/Hour up to $8,000
| $100/Hour up to $8,000
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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. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
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FY 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
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 would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties
