Bill Text - HB113 (2007)

Relative to interference with constitutional and lawful rights.


Revision: Jan. 11, 2010, midnight

HB 113-FN – AS INTRODUCED

2007 SESSION

07-0104

09/01

HOUSE BILL 113-FN

AN ACT relative to interference with constitutional and lawful rights.

SPONSORS: Rep. L. Christiansen, Hills 27

COMMITTEE: Judiciary

ANALYSIS

The bill makes it a felony to interfere with another human being’s constitutional and lawful rights.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0104

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to interference with constitutional and lawful rights.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Violations of Constitutional and Lawful Rights; Penalties. Amend RSA 644 by inserting after section 19 the following new section:

644:20 Violations of Constitutional and Lawful Rights. Whoever, whether or not acting under color of law, shall by force or threat of force, knowingly injure, intimidate or interfere with, or attempt to injure, intimidate or interfere with, or oppress or threaten any other human being in the free exercise or enjoyment of any right or privilege secured to him or her by the constitution or laws of New Hampshire or by the constitution or laws for the United States shall be guilty of a felony. Any human being convicted of violating this provision shall, notwithstanding the provisions of RSA 651:2, be fined not more than $10,000 or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than $50,000 or by imprisonment for not more than 10 years, or both.

2 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0104

12/20/06

HB 113-FN - FISCAL NOTE

AN ACT relative to interference with constitutional and lawful rights.

FISCAL IMPACT:

The Judicial Branch, Judicial Council and Department of Corrections determined this bill may increase state general fund expenditures by an indeterminable amount in FY 2008 and each year thereafter. The Department of Justice determined this bill may increase state general fund expenditures by $113,761 in FY 2008, $221,898 in FY 2009, $231,594 in FY 2010, and $241,326 in FY 2011. There will be no fiscal impact on county and local expenditures or state, county, and local revenue.

METHODOLOGY:

The Judicial Branch states this bill will establish violations of constitutional and lawful rights as an unspecified felony. The Branch states having these violations as a felony will increase costs, but has no information to estimate how many new cases this bill would add to the courts. The Branch states a felony offense can involve arraignment, bail, and probable cause hearings in the District Court; numerous hearings and a jury trial in the Superior Court; and an appeal to the Supreme Court. This bill does not provide an appropriation to address potential increases in expenditures.

The Judicial Council states this bill may result in increased general fund expenditures but is unable to determine the fiscal impact. The Council states a public defender or contract attorney is paid a flat fee of $757.25 per felony and an assigned counsel attorney is paid at $60 per hour with a fee cap of $3,000. The fee cap may be waived upon a motion filed in advance and approved by the court. The Council also states if services other than counsel are requested and approved by the court as part of the adequate defense of a case, the funds would be paid through class 94 of the indigent defense funds. This bill does not provide an appropriation to address potential increases in expenditures.

The Department of Justice states this bill could result in hundreds of new felony criminal cases each year. The Department states it would require a full-time prosecutor, full-time investigator, and full-time paralegal to manage the anticipated increase in new felony criminal cases. This bill does not provide an appropriation for increased expenditures or authorization for additional positions.

FY 2008 FY 2009 FY 2010 FY 2011

Positions:

Attorney $ 33,475 $ 68,959 $ 71,027 $ 73,158

Investigator (Unclassified, BB) 22,704 48,435 51,462 54,489

Paralegal (Classified, LG 19) 15,474 32,234 33,677 35,081

Benefits at 48.3% 34,608 72,270 75,428 78,598

Equipment (chairs, desks,

and computers) 7,500 0 0 0

Total $113,761 $221,898 $231,594 $241,326

The Department of Corrections states this bill may increase state general fund expenditures by an indeterminable amount. The fiscal impact cannot be determined because the potential increase in the number of incarcerations is unknown; however, the average annual cost of incarcerating an individual in the general prison population was $31,140 in FY 2006.

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