Revision: April 19, 2010, midnight
HB 1634-FN – VERSION ADOPTED BY BOTH BODIES
14Apr2010… 1301eba
2010 SESSION
04/10
HOUSE BILL 1634-FN
AN ACT relative to assault by strangulation.
SPONSORS: Rep. Shurtleff, Merr 10; Rep. Bettencourt, Rock 4; Rep. Rodd, Merr 5; Rep. Groen, Straf 1
COMMITTEE: Criminal Justice and Public Safety
This bill adds strangulation to the second degree assault statute.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Apr2010… 1301eba
10-2056
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to assault by strangulation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Second Degree Assault. Amend RSA 631:2 to read as follows:
631:2 Second Degree Assault.
I. A person is guilty of a class B felony if he or she:
(a) Knowingly or recklessly causes serious bodily injury to another; or
(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he or she shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or
(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or
(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth[.]; or
(f) Purposely or knowingly engages in the strangulation of another.
II. In this section:
(a) “Miscarriage” means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus[; and].
(b) “Stillbirth” means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
(c) “Strangulation” means the application of pressure to another person’s throat or neck, or the blocking of the person’s nose or mouth, that causes the person to experience impeded breathing or blood circulation or a change in voice.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2056
12/16/09
HB 1634-FN - FISCAL NOTE
AN ACT relative to assault by strangulation.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Corrections, and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would amend RSA 631:2 to make purposely or knowingly engaging in strangulation of another a second degree assault punishable as a class B felony. Currently such crime would be simple assaults and punishable as misdemeanors. The Branch is unable to estimate how many new charges will be brought pursuant to the proposed legislation. In FY 2010 and beyond, the Branch states the cost to process an average class A misdemeanor charge in district court is $51.14, the cost to process a class B misdemeanor charge is $36.89, and the cost to process a felony assault charge (a complex felony) in the superior court is $661.17. These figures do not consider any salary increases or decreases that may occur, or the cost of any appeals that may be taken following trial in any potential criminal cases. The Branch states the fiscal impact would be the difference in cost between a felony assault charge and a misdemeanor. The exact fiscal impact cannot be determined at this time.
The Judicial Council states this bill may result in an indeterminable increase in state general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $756.25 per felony level offense 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 $4,100 for a felony level offense. 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 exact fiscal impact cannot be determined at this time.
LBAO
10-2056
12/16/09
The Department of Corrections states crime and arrest data is not available in sufficient detail to predict the number of individuals who would likely be subject to this legislation. However, the average annual cost of incarcerating an individual in the general prison population for FY 2009 was $33,110. The cost to supervise an offender by the Department’s Division of Field Services for FY 2009 was $744.
The New Hampshire Association of Counties states to the extent an individual is 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.
The Department of Justice states any fiscal impact could be absorbed within their existing budget.