HB 1674-FN – AS AMENDED BY THE HOUSE
07Mar2006… 1124h
2006 SESSION
09/04
HOUSE BILL 1674-FN
AN ACT requiring emergency care providers to report information on certain sexual assault crimes to law enforcement officials.
SPONSORS: Rep. Knowles, Straf 6; Rep. Gilbert, Rock 12; Rep. Charron, Rock 7; Rep. Movsesian, Hills 22; Sen. Green, Dist 6; Sen. Roberge, Dist 9
COMMITTEE: Criminal Justice and Public Safety
This bill requires emergency care providers to report any relevant information on certain sexual assault crimes to law enforcement officials. The bill also provides that an emergency care provider who has shown due diligence shall not be held liable for failure to suspect abuse, or for reporting to law enforcement officials in good faith, without malice, any suspected abuse.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 1124h
06-2821
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT requiring emergency care providers to report information on certain sexual assault crimes to law enforcement officials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Failure to Report Injuries. Amend RSA 631:6 by inserting after paragraph III the following new paragraph:
IV.(a) Except as provided in paragraph II, a person is guilty of a misdemeanor if, having knowingly examined or treated a person under the age of 18 years, where the situation indicates that an offense under RSA 632-A:2 or RSA 632-A:3 may exist, he or she fails to immediately notify a law enforcement official of any relevant information he or she possesses concerning the suspected offense, including the name, address, parents’ names, suspected perpetrator, if known, and the nature of the injuries.
(b) No emergency care provider who has shown due diligence shall be held liable for failure to suspect abuse, or for reporting to law enforcement officials in good faith, without malice, any suspected abuse.
2 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2821
Revised 12/27/05
HB 1674 FISCAL NOTE
AN ACT requiring emergency care providers to report information on certain sexual assault crimes to law enforcement officials.
FISCAL IMPACT:
The Judicial Council, Judicial Branch, New Hampshire Association of Counties, and Departments of Safety and Justice state this bill will increase state, county and local expenditures by indeterminable amounts in FY 2007 and each year thereafter. There will be no fiscal impact on state, county and local revenue.
METHODOLOGY:
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 charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,000 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 $1,000. 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. The Council is unable to predict the number of cases which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.
The Judicial Branch stated this bill adds a new paragraph to RSA 631:6, the statute concerning the failure to report injuries, making it a misdemeanor for one who examines or treats a person under 18 not to report suspected sexual assault. The Branch stated that one charge was brought under RSA 631:6 in the past five years. The Branch does not expect this bill to add many cases, and therefore does not anticipate this bill will have a significant fiscal impact.
The New Hampshire Association of Counties assumes this new misdemeanor will increase county expenditures for pre-trial detainment and incarceration costs for sentenced inmates. The Association is not able to determine the number of individuals who will be sentenced and convicted under this law but stated the average annual cost to the counties to incarcerate an individual is $21,633.
The Department of Safety assumes this legislation only requires reporting from emergency care providers to a law enforcement official, and not any analysis or summarization. The Department stated there should be no cost to the state, but assumes there may some impact on local expenditures. The Department is not able to estimate the impact on local expenditures.
The Department of Justice stated that under normal circumstances, misdemeanors are the responsibility of local and county attorney’s offices. The Department indicated there could be a fiscal impact on state expenditures if a case was appealed to the Supreme Court. The Department is not able to determine if any of these cases would be appealed to the Supreme Court, and therefore cannot estimate the fiscal impact.
The Department of Health and Human Services indicated this bill should have no fiscal impact on the Department.
The New Hampshire Municipal Association stated they are unable to identify any fiscal impact that would result from this bill.