Revision: Dec. 21, 2009, midnight
HB 1680-FN – AS INTRODUCED
2010 SESSION
04/03
HOUSE BILL 1680-FN
AN ACT establishing the crime of aggravated harassment by an inmate.
SPONSORS: Rep. P. Garrity, Hills 14; Rep. D. Sullivan, Hills 8; Rep. Goley, Hills 8; Rep. Baldasaro, Rock 3; Rep. Rhodes, Hills 22; Sen. DeVries, Dist 18; Sen. Letourneau, Dist 19; Sen. D'Allesandro, Dist 20
COMMITTEE: Criminal Justice and Public Safety
This bill establishes the crime of aggravated harassment by an inmate.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2498
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT establishing the crime of aggravated harassment by an inmate.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Assaults by Prisoners. Amend RSA 642:9 by inserting after paragraph II the following new paragraph:
II-a. An inmate is guilty of aggravated harassment of an employee when, with intent to harass, annoy, threaten, or alarm a person who the inmate knows or reasonably should know is an employee of such facility, or the department of corrections, or any law enforcement agency, the inmate causes or attempts to cause such employee to come into contact with blood, seminal fluid, urine, feces, emesis, or saliva by throwing or expelling such substance either directly or indirectly at the employee, thus contaminating the employee’s work environment.
2 Assaults by Prisoners. Amend RSA 642:9, III-IV to read as follows:
III. For the purposes of this section:
(a) “Official custody” means custody in a penal institution or other confinement by an order of a court.
(b) “Inmate” means an offender, as defined in RSA 21-H:2, [VII] VIII, a person in pretrial confinement, or any person incarcerated in a local detention facility operated by the department of corrections.
(c) “Facility” means a correctional facility or local correctional facility hospital, operated by the department of corrections.
IV. The offense is a class B felony if it is an aggravated assault or harassment as defined in paragraph II or II-a, or if the offense committed is simple assault as defined under RSA 631:2-a unless committed in a fight entered into by mutual consent, in which case it is a misdemeanor. The offense is a class A felony if the offense committed is first degree or second degree assault as defined under RSA 631:1 or RSA 631:2.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2498
12/18/09
HB 1680-FN - FISCAL NOTE
AN ACT establishing the crime of aggravated harassment by an inmate.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.