Revision: Jan. 31, 2017, 7:53 a.m.
HB 94-FN - AS INTRODUCED
2017 SESSION
17-0079
04/05
HOUSE BILL 94-FN
AN ACT prohibiting certain defenses in prostitution and human trafficking cases.
SPONSORS: Rep. Massimilla, Graf. 1; Rep. Katsakiores, Rock. 6; Rep. Theberge, Coos 3; Rep. Irwin, Sull. 6; Rep. Ebel, Merr. 5
COMMITTEE: Criminal Justice and Public Safety
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This bill prohibits the assertion of certain defenses in a prosecution for prostitution or human trafficking.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0079
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT prohibiting certain defenses in prostitution and human trafficking cases.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Prostitution and Related Offenses. Amend the introductory paragraph of RSA 645:2, II to read as follows:
II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), [or], (e), or (f) of paragraph I and the violation:
2 New Paragraph; Prostitution and Related Offenses. Amend RSA 645:2 by inserting after paragraph V the following new paragraph:
VI. In a prosecution under subparagraph II(a), the actor's lack of knowledge of the other person's age shall not constitute a defense.
3 Trafficking in Persons. Amend RSA 633:7, III-a to read as follows:
III-a. A person is guilty of a class B felony if the person pays, agrees to pay, or offers to pay to engage in sexual contact, as defined in RSA 632-A:1 or sexual penetration, as defined in RSA 632-A:1, V with a person under the age of 18, or to observe a sexually explicit performance involving a person under the age of 18. The payment or offer or agreement to pay may be made to the person under the age of 18 or a third party. Neither the actor's lack of knowledge of the other person's age nor consent of the other person shall constitute a defense to a charge under this paragraph.
4 Effective Date. This act shall take effect January 1, 2018.
17-0079
11/10/16
HB 94-FN- FISCAL NOTE
as introduced
AN ACT prohibiting certain defenses in prostitution and human trafficking cases.
FISCAL IMPACT: | X State | X County | ? Local | ? None |
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STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | X General | ? Education | ? Highway | ? |
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill contains a penalty 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 entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2018 | FY 2019 |
Routine Criminal Felony Case | $451 | $456 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2018 and FY 2019 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 |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $756/Case | $756/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
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%).
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Department of Corrections |
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FY 2016 Average Cost of Incarcerating an Individual | $35,832 | $35,832 |
FY 2016 Average Cost of Supervising an Individual on Parole/Probation | $573 | $573 |
NH Association of Counties |
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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. When the Department of Justice has prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
The proposed bill would not affect the Department of Safety.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, New Hampshire Association of Counties, Departments of Justice, Corrections and Safety