SB 542-FN - AS INTRODUCED
2016 SESSION
\t16-2986
\t04/09
SENATE BILL\t542-FN
AN ACT\trelative to criminal interference with health services.
SPONSORS:\tSen. Pierce, Dist 5
COMMITTEE:\tHealth and Human Services
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ANALYSIS
\tThis bill establishes a penalty for criminal interference with health services.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2986
\t04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to criminal interference with health services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Breaches of the Peace and Related Offenses; Criminal Interference With Health Services. Amend RSA 644 by inserting after section 21 the following new section:
\t644:22 Criminal Interference With Health Services.
\t\tI. A person is guilty of a class A misdemeanor for criminal interference with health services when:
\t\t\t(a) By force or threat of force or by physical obstruction, he or she intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person because such other person was or is obtaining or providing reproductive health services; ?
\t\t\t(b) By force or threat of force or by physical obstruction, he or she intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person in order to discourage such other person or any other person or persons from obtaining or providing reproductive health services; ?or
\t\t\t(c) He or she intentionally damages the property of a health care facility, or attempts to do so, because such facility provides reproductive health services.
\t\tII. In this section:
\t\t\t(a) “Health care facility” means a hospital, clinic, physician's office or other facility that provides reproductive health services, and includes the building or structure in which the facility is located.
\t\t\t(b) “Interferes with” means to restrict a person's freedom of movement.
\t\t\t(c) “Intimidates” means to place a person in reasonable apprehension of physical injury to himself or herself or to another person.
\t\t\t(d) “Physical obstruction” means rendering impassable ingress to or egress from a facility that provides reproductive health services rendering passage to or from such a facility unreasonably difficult or hazardous.
\t\t\t(e) “Reproductive health services” means health care services provided in a hospital, clinic, physician's office, or other facility and includes medical, surgical, counseling, or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
\t\tIII. Whenever the attorney general or county attorney of the jurisdiction where the affected health care facility service is located has reasonable cause to believe that any person or group of persons is being, has been, or may be injured by conduct constituting a violation of this section, the attorney general or county attorney may bring an action in the name of the people of the state of New Hampshire to permanently enjoin such violation. In such action, preliminary and temporary relief may be granted.
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2986
\t\t\t\t\t\t\t\t\t\t\t1/25/16
SB 542-FN- FISCAL NOTE
AN ACT\trelative to criminal interference with health services.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Class A Misdemeanor | $70 | $74 |
Injunction - Complex Equity Case | $717 | $740 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Judicial Council |
|
|
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $275/Case | $275/Case |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
Many offenses are prosecuted by local and county prosecutors. In those instances where the Department of Justice has prosecutorial responsibility or is involved with appeals for a conviction related to the offense contained in this bill, the Department would absorb the cost within its existing budget. If the bill results in the Department needing to prosecute significantly more cases or be involved in significantly more appeals, then there may be an indeterminable increase in costs to the Department.
The Department of Corrections states there would be no impact to the Department since those found guilty under the proposed law would be guilty of a misdemeanor A and their term of incarceration would be served at a county correctional facility.