HB 1643-FN – AS INTRODUCED
2006 SESSION
04/09
HOUSE BILL 1643-FN
AN ACT relative to enhanced penalties for committing an assault in the presence of a minor.
SPONSORS: Rep. Mooney, Hills 19; Rep. Lasky, Hills 26; Rep. Rowe, Hills 6; Rep. Mead, Hills 4; Sen. Roberge, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill provides for enhanced penalties for certain assaults which occur in the presence of a person under the age of 16 years.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2044
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to enhanced penalties for committing an assault in the presence of a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Assault and Related Offenses; Enhanced Penalties. Amend RSA 631 by inserting after section 4 the following new section:
631:4-a Enhanced Penalty.
I. Any person charged with second degree assault pursuant to RSA 631:2, simple assault pursuant to RSA 631:2-a, reckless conduct pursuant to RSA 631:3, or criminal threatening pursuant to RSA 631:4, where the offense occurred in the presence of a person under the age of 16, may be charged with an enhanced penalty as follows:
(a) If the offense would otherwise constitute a class B felony, it may be charged as a class A felony.
(b) If the offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony.
(c) If the offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor.
(d) If the offense would otherwise constitute a violation, it may be charged as a class B misdemeanor.
II. Any enhanced penalty shall be sought upon indictment, if a felony, or complaint, if a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2044
12/2/05
HB 1643-FN - FISCAL NOTE
AN ACT relative to enhanced penalties for committing an assault in the presence of a minor.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections, and Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state, county, and local revenue or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would provide for enhanced penalties for second degree assaults, simple assaults, reckless conduct, and criminal threatening if the offense occurred in the presence of a person under the age of sixteen. In FY 2005 the district court had 10,863 charges covered by this bill, and the superior court had 1,738. The Branch has no information on which to estimate how many of these 12,000 charges represent an offense occurring in the presence of a person under the age of sixteen. The Branch states judicial, clerical, juror, and bailiff costs per charge total $35.63 for a violation, $36.71 for a class B misdemeanor, $50.29 for a class A misdemeanor, and $670.21 for a class B and A felony. Enhancing charges would increase costs to the Branch accordingly. The Branch is unable to determine the exact fiscal impact at this time.
The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable, will in the first instance, be handled by the public defender or contract attorney who accepts these cases on a fixed fee basis of $275 per misdemeanor or $756.25 per felony charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 for a misdemeanor or $3,000 for a felony will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any charge within the criminal justice system, committed by a juvenile, will be compensated within the flat fee contract system of $275 per case through disposition, plus $206.25 for each and every review hearing following disposition. Assigned counsel will be at the $60 per hour rate with a fee cap of $1,200. The fee cap may be waived upon motion filed with the court and approved in advance. Any case where a defendant has been found guilty may also result in appeals to either the superior court or to the supreme court which would have a cost implication for Indigent Defense expenditures made by the State. Enhanced penalties would increase costs accordingly based on the rate differentials between the various charges. The Council is unable to determine the exact fiscal impact at this time.
The Department of Corrections states the number of individuals that will be sentenced under this legislation cannot be predicted. The average annual cost of incarcerating an individual in the general prison population was $28,143 in FY 2005.
The Association of Counties states to the extent individuals are prosecuted, the county may incur the cost of pre-trial detainment at the county department of corrections, as well as the cost of sentenced inmates under the new law. The average annual cost for counties to incarcerate inmates is $21,633.55
The Department of Justice states this bill will have no fiscal impact on the Department.