HB1673 (2010) Detail

Removing the statute of limitations on offenses against children.


HB 1673-FN – AS INTRODUCED

2010 SESSION

10-2073

04/09

HOUSE BILL 1673-FN

AN ACT removing the statute of limitations on offenses against children.

SPONSORS: Rep. Pepino, Hills 11; Rep. Sweeney, Sull 5; Rep. B. Shaw, Hills 16; Sen. Barnes, Jr., Dist 17; Sen. Carson, Dist 14

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill removes the statute of limitations on offenses against children and provides that such offenses may be prosecuted at any time.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2073

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT removing the statute of limitations on offenses against children.

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

1 New Paragraph; Limitations. Amend RSA 625:8 by inserting after paragraph II-a the following new paragraph:

II-b. An offense against a child as defined in RSA 651-B:1, VII may be prosecuted at any time.

2 Repeal. RSA 625:8, III(d), relative to the time period for allowing prosecutions for certain offenses against children, is repealed.

3 Effective Date. This act shall take effect January 1, 2011.

LBAO

10-2073

Revised 01/11/10

HB 1673 FISCAL NOTE

AN ACT removing the statute of limitations on offenses against children.

FISCAL IMPACT:

      The Judicial Branch, Judicial Council, Department of Justice, 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. There is no fiscal impact on local expenditures or state, county and local revenue.

METHODOLOGY:

    The Judicial Branch states this bill will add RSA 625:8, II-b to remove the statute of limitations on the prosecution of offenses against a child as defined in RSA 651-B:1, VII. The removing of the statute of limitations may result in additional cases in the Branch. The list of offenses listed in RSA 651-B:1, VII can be class A or B misdemeanors or class A or B felonies. The Branch has no information on how many misdemeanor charges would become felonies under this bill but is able to provide information on the costs associated with each type of case and the potential increase in expenditures resulting for each charge type. Misdemeanor charges can be either a class A or class B with the presumption they will be class B in accordance with RSA 625:9,IV, however the Branch has no information to determine if the misdemeanors would be class A or class B misdemeanors. The Branch states the cost of a class A misdemeanor case is $51.14 and the cost of a class B misdemeanor case is $36.89 in FY 2011 and each year thereafter. The Branch states felony offenses against children involving sexual assault or child pornography would be complex felonies and the other felony offenses would be classified as routine felony cases. The cost of a complex felony case is $661.17 and the cost of a routine felony case is $335.98 in FY 2011 and each year thereafter. The possibility of appeals increases the likelihood the fiscal impact on the Branch will exceed $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, $756.25 per felony, or $2,282.50 for sexual assault charges 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 and $4,100 for a felony 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 Department of Justice states with the exception of two crimes for murder, the elimination of the statute of limitations for the other offenses committed against victims under the age of 18 would be prosecuted by a local prosecutor or county attorney’s office. If an appeal is filed, the Department would have increased expenditures. The Department is unable to estimate how many cases would be prosecuted by the Department or appealed to the Supreme Court to determine the fiscal impact.

    The Department of Corrections states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted. The Department states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2009 was $33,110. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2009 was $744.

    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.