Revision: Dec. 22, 2011, midnight
HB 1537-FN – AS INTRODUCED
2012 SESSION
05/09
HOUSE BILL 1537-FN
AN ACT prohibiting the use of certain devices that intrude on personal privacy.
COMMITTEE: Constitutional Review and Statutory Recodification
This bill prohibits the use of radar devices and other similar devices that enable the user to observe the position and movement of people behind walls, buildings, or other obstacles without their knowledge or consent.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2182
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT prohibiting the use of certain devices that intrude on personal privacy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Use of Certain Radar and Similar Devices Prohibited. Amend RSA 644 by inserting after section 9 the following new section:
644:9-a Use of Certain Radar and Similar Devices Prohibited.
I. A person is guilty of a class A misdemeanor if such person uses a radar device, such as the Prism 200c, or a similar device using any other technology, that enables the user to observe the position and movement of a person on the other side of a wall, inside a building, or behind any other impediment that blocks the person from view, without the person's consent.
II. Paragraph I shall not be construed to impair or limit any otherwise lawful activities of law enforcement personnel, who, in the course and scope of their employment, obtain a warrant supported by probable cause, to use a device otherwise prohibited under paragraph I to capture a visual image or other physical impression of a person during an investigation, surveillance, or monitoring of conduct to obtain evidence of suspected illegal activity.
III. Paragraph I shall not apply to emergency personnel, law enforcement officers, and others acting in response to a life-threatening or emergency situation.
2 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2182
12/06/11
HB 1537-FN - FISCAL NOTE
AN ACT prohibiting the use of certain devices that intrude on personal privacy.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Justice, and New Hampshire Association of Counties state this bill may increase state, county and local expenditures by an indeterminable amount in FY 2013 and each year thereafter. There will be no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill makes it a class A misdemeanor to use a radar device to observe the position and movement of a person on the other side of a wall or inside a building without the person’s knowledge or consent. The Branch has no information to estimate how many charges would be brought as a result of this bill to determine the fiscal impact on expenditures. The Branch states a class A misdemeanor will cost $59.11 per case in FY 2013 and $61.31 per case in FY 2014 and each year thereafter based on case weight information from the last needs assessment completed in 2005. 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 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 capped at $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 the criminal offense created by this bill is typically prosecuted by the county attorney. The Department states there may be an indeterminable increase in expenditures related to appeals for this type of case. The Department has no information to estimate how many appeals may result due to this bill to determine the fiscal impact.
The New Hampshire Association of Counties states to the extent more individuals are charged, convicted, and sentenced to incarceration in a county correctional facility, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be charged, convicted or incarcerated as a result of this bill to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.