HB1306 (2018) Detail

Relative to aggravated felonious sexual assault in a public accommodation.


HB 1306-FN - AS INTRODUCED

 

 

2018 SESSION

18-2258

04/08

 

HOUSE BILL 1306-FN

 

AN ACT relative to aggravated felonious sexual assault in a public accommodation.

 

SPONSORS: Rep. J. Edwards, Rock. 4; Sen. Reagan, Dist 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill adds sexual assault in a place of public accommodation to the circumstances which constitute aggravated felonious sexual assault.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2258

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to aggravated felonious sexual assault in a public accommodation.

 

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

 

1  New Subparagraph; Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I by inserting after subparagraph (n) the following new subparagraph:

(o)  When the victim is vulnerable due to using facilities within a place of public accommodation, as defined in RSA 354-A:2, in which the user has an expectation of privacy, such as a bathroom or a locker room.   

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2258

10/23/17

 

HB 1306-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to aggravated felonious sexual assault in a public accommodation.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

 

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 2019

FY 2020

Complex Criminal Case

$892

$916

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 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.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)

$2,490/Case

$2,490/Case

Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)

$100/Hour up to $8,000

 

$100/Hour up to $8,000

 

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%).

Department of Corrections

 

 

FY 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

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.  When the Department of Justice has investigative and 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.  

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties

 

Links

HB1306 at GenCourtMobile

Action Dates

Date Body Type
Jan. 11, 2018 House Hearing
Jan. 16, 2018 House Exec Session
House Floor Vote
Feb. 22, 2018 House Floor Vote

Bill Text Revisions

HB1306 Revision: 1997 Date: Nov. 7, 2017, 8:24 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 6
Jan. 11, 2018 Public Hearing: 01/11/2018 10:40 PM LOB 204
Jan. 16, 2018 Executive Session: 01/16/2018 LOB 204
Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
Feb. 22, 2018 Committee Report: Inexpedient to Legislate for 02/22/2018 (Vote 20-0; CC) HC 7 P. 5
Feb. 22, 2018 Inexpedient to Legislate: MA VV 02/22/2018 HJ 5 P. 5