HB792 (2008) Detail

Prohibiting convicted felons from profiting from their crimes.


HB 792-FN – AS INTRODUCED

2007 SESSION

07-0954

04/01

HOUSE BILL 792-FN

AN ACT prohibiting convicted felons from profiting from their crimes.

SPONSORS: Rep. DeJoie, Merr 11

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires any person who is convicted, has pled guilty or has pled nolo contendere to any crime to forfeit to the superior court any proceeds or profits from any source, as a direct or indirect result of the crime or sentence. The bill also allows a victim or victim’s legal representative to file a civil action to recover monetary damages against a defendant.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0954

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT prohibiting convicted felons from profiting from their crimes.

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

1 New Subdivision; Sentences; Forfeiture of Proceeds or Profits Arising From a Criminal Act. Amend RSA 651 by inserting after section 70 the following new subdivision:

Forfeiture of Proceeds or Profits Arising From a Criminal Act

651:71 Forfeiture of Proceeds or Profits Arising From a Criminal Act.

I. In addition to restitution ordered under RSA 651:62-67, a defendant who has been convicted, has pled guilty, or has pled nolo contendere to any crime, or any other person with the cooperation of the defendant, who contracts to receive, or have any other person or entity receive, any proceeds or profits from any source, as a direct or indirect result of the crime or sentence, or the notoriety which the crime or sentence has conferred upon the defendant, shall forfeit such proceeds or profits to the superior court in which the criminal charges were filed.

II.(a) All parties to a contract described in this subdivision shall forfeit to the superior court in which the criminal charges were filed any proceeds or profits or anything of value which pursuant to the contract is to be paid to the defendant or to another person or entity.

(b) Proceeds or profits from a contract relating to the depiction or discussion of the defendant’s crime shall not be subject to forfeiture unless an integral part of the work is a depiction or discussion of the defendant’s crime or an impression of the defendant’s thoughts, opinions, or emotions regarding the crime.

III.(a) Notwithstanding RSA 508:4, a victim or the legal representative of a victim may file a civil action, in a court of competent jurisdiction, at any time to recover money against the defendant or the defendant’s legal representative. The victims and the legal representative of a victim of the crime shall have a priority interest in any proceeds or profits received pursuant to the provisions of this section. If no victim or legal representative of a victim has filed a civil suit within 15 years from the date of the defendant’s conviction, any money in the escrow account shall be paid in the following order of priority:

(1) For restitution owed to the victim.

(2) For any fines and court costs.

(3) For other payments ordered in the sentence.

(4) For the costs and expenses of incarceration.

(b) Upon disposition of charges favorable to the defendant, any money remaining in the escrow account shall be paid over to the defendant.

IV. Upon filing an action under this subdivision, a lien is created upon any profits or proceeds, or payable to anyone pursuant to any contract described in this subdivision, for the purpose of enforcing the forfeiture obligation established herein, which lien may be foreclosed in the same manner as statutory tax liens created by state law. Any person who contracts without fully providing for such forfeiture in compliance with the provisions of this subdivision shall be guilty of a felony.

V. The superior court in which the criminal charges were filed shall, once every 6 months for 10 years from the date any money is deposited with the court, publish a notice in at least one newspaper of general circulation in each county of the state, notifying any eligible victim or legal representative of an eligible victim that moneys are available to satisfy judgments pursuant to this subdivision.

VI. A victim receiving compensation under this section shall not be limited from receiving compensation under RSA 21-M:8-h.

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

LBAO

07-0954

01/30/07

HB 792-FN - FISCAL NOTE

AN ACT prohibiting convicted felons from profiting from their crimes.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Judicial Branch. When completed, the fiscal note will be forwarded to the House Clerk's Office.