Revision: April 23, 2010, midnight
HB 1508-FN – VERSION ADOPTED BY BOTH BODIES
03Mar2010… 0555h
2010 SESSION
04/09
HOUSE BILL 1508-FN
AN ACT relative to communications between offenders convicted of certain sexual assaults and the victims of the crime.
SPONSORS: Rep. Cushing, Rock 15; Rep. Chandley, Hills 6; Rep. S. Harvey, Hills 21; Rep. Foster, Hills 4
COMMITTEE: Criminal Justice and Public Safety
This bill limits communication between a person convicted of certain sexual assaults and the victim.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Mar2010… 0555h
10-2612
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to communications between offenders convicted of certain sexual assaults and the victims of the crime.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Registration of Criminal Offenders; Prohibition on Contacting Victim. Amend RSA 651-B:9 by inserting after paragraph VII the following new paragraph:
VIII.(a) Except as provided in subparagraph (b), any sexual offender or offender against children who is required to register under this chapter who is convicted of aggravated felonious sexual assault pursuant to RSA 632-A:2, or felonious sexual assault pursuant to RSA 632-A:3, or sexual assault pursuant to RSA 632-A:4, and who initiates contact with the victim of the offense at any time shall be guilty of a class A misdemeanor. In this paragraph, “contact” means any action to communicate with the victim either directly or indirectly, including, but not limited to, using any form of electronic communication, leaving items, or causing another to communicate in such fashion.
(b) Subparagraph (a) shall not apply to contact between a sexual offender or an offender against children and a victim where there is an ongoing relationship between the victim and the offender that existed prior to the commission of the offense and that necessitates contact between them, such as the shared custody of a child or an emergency involving a shared sibling or parent, provided that any contact by the offender shall be strictly limited to the immediate issue that needs to be communicated.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2612
Amended 03/09/10
HB 1508 FISCAL NOTE
AN ACT relative to communications between offenders convicted of certain sexual assaults and the victims of the crime.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill, as amended by the House (Amendment #2010-0555h), may increase state and county expenditures by an indeterminable amount in FY 2011 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 will add RSA 651-B:9, VIII to address communications between offenders convicted of sexual assault and the victims of the offense. The Branch has no information to estimate how many additional prosecutions would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. The prosecutions brought pursuant to RSA 651-B:9, VIII will be a class A misdemeanor. The Branch states the cost of a class A misdemeanor case is $51.14 in FY 2011 and each year thereafter. The Branch estimates it would take 196 additional class A misdemeanor cases to have a fiscal impact in excess of $10,000 each year. However, the possibility of appeals reduces the number of cases needed for a fiscal impact to the Branch in excess of $10,000.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. 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 for a misdemeanor charge. 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 is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests 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 an 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 $35,342 a year.