SB 356-FN – AS AMENDED BY THE SENATE
AN ACT prohibiting offenders against children from participating in or being a spectator at certain activities or events.
This bill prohibits any person who is required to be registered as an offender against children from participating in or being a spectator at any activity or event organized principally for the participation of children under 13 years of age.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/08 0854s
08-2862
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT prohibiting offenders against children from participating in or being a spectator at certain activities or events.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Registration of Criminal Offenders; Special Restrictions on Offenders Against Children. Amend RSA 651-B by inserting after section 12 the following new section:
651-B:13 Special Restrictions on Offenders Against Children. No person who is required to be registered as an offender against children for a violation of RSA 632-A:3, III or RSA 632-A:2, II, shall, for the duration of his or her registration requirement, participate in or be a spectator at any public activity or event organized principally for the participation of children under 13 years of age. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2009.
LBAO
08-2862
Amended 03/11/08
SB 356 FISCAL NOTE
AN ACT prohibiting offenders against children from participating in or being a spectator at certain activities or events.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill, as amended by the Senate (Amendment #2008-0854s), may increase state and county expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would prohibit any person required to register as an offender against children from participating in or being a spectator at certain activities or events where children under the age of 13 may be present. Any person violating this law would be guilty of a misdemeanor. The Judicial Branch states it has no information to estimate how many misdemeanor charges would be brought as a result of this bill. The Branch states the cost of an unspecified misdemeanor case in the district court is $34.68 in FY 2009 and $35.75 in FY 2010 and each year thereafter. The Branch estimates it would take 289 cases in FY 2009 or 280 cases in FY 2010 and each year thereafter to have a fiscal impact that exceeds $10,000.
The Judicial Council states this bill may result in increased general fund expenditures but is unable to determine the fiscal impact. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used, the fee is $60 per hour with a cap of $1,400 (effective January 1, 2008). The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney, and assigned counsel rates for Supreme Court appeals will be $2,000 per case (effective January 1, 2008), with many assigned counsel attorneys seeking permission to exceed the fee cap. However, such motions to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states to the extent any individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $29,000 a year.
The Department of Justice states enforcement of and prosecution under this law is typically handled by district court prosecutors. The Department states it should not experience any fiscal impact from the passage of this legislation.