HB 1426-FN - AS INTRODUCED
2018 SESSION
18-2454
04/10
HOUSE BILL 1426-FN
AN ACT requiring persons convicted of nonconsensual dissemination of private sexual images to register as a sexual offender.
SPONSORS: Rep. Dean-Bailey, Rock. 32; Rep. Lang, Belk. 4; Rep. Baldasaro, Rock. 5; Rep. L. Ober, Hills. 37; Rep. Morrison, Rock. 9
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill requires a person convicted of nonconsensual dissemination of private sexual images to register as a sexual offender.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2454
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, V to read as follows:
(a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA 632-A:4, I(a) or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; nonconsensual dissemination of private sexual images, RSA 644:9-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
2 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, VII(a) to read as follows:
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA 632-A:4, I(a) or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; nonconsensual dissemination of private sexual images, RSA 644:9-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.
3 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, VIII(a) to read as follows:
(a) RSA 632-A:4, I(a); RSA 632-A:4, I(b); RSA 632-A:4, III; RSA 644:9, I(a); RSA 644:9, III-a; RSA 644:9-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.
4 Nonconsensual Dissemination of Private Sexual Images. Amend RSA 644:9-a, VI to read as follows:
VI. Any person who violates the provisions of this section shall be guilty of a class B felony and shall be required to register pursuant to RSA 651-B.
5 Effective Date. This act shall take effect January 1, 2019.
18-2454
10/27/17
HB 1426-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Criminal Records Fund | |||
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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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LOCAL: |
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Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill requires a person convicted of nonconsensual dissemination of private sexual images to register as a sexual offender for a 10-year period. Offenders would be required to pay a $50 annual fee to the state of which 20%, or $10, would go back to the local jurisdiction.
The Department of Safety indicates state revenue would increase minimally, though the exact number of registrants is unknown at this time. Additional time would be required from registry staff and local agencies to maintain registrations, however this could be accomplished in the course of regular business. There is no impact on state expenses.
The New Hampshire Municipal Association states this would require persons convicted of non consensual dissemination of private sexual images to register as a sexual offender with the local law enforcement agency where a person lives or works, but it is unlikely to have a significant impact on municipal revenues or expenditures.
The Judicial Branch identified a potential fiscal impact associated with the prosecution of additional criminal offenses for failure to register. Negligently failing to register pursuant to RSA 651-B:9, I is a misdemeanor. The penalty for knowingly failing to register pursuant to RSA 651-B:9, II is a class B felony, treated as an average routine criminal felony. 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 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Routine Criminal Felony Case | $457 | $462 |
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 |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
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%). | ||
Department of Corrections |
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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 |
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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 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:
Department of Safety, New Hampshire Municipal Association, and Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 11, 2018 | House | Hearing |
| Jan. 17, 2018 | House | Exec Session |
| Jan. 16, 2018 | House | Exec Session |
Feb. 8, 2018: Refer for Interim Study: MA VV 02/08/2018 HJ 3 P. 3
: Committee Report: Refer for Interim Study (Vote 20-0; CC)
Feb. 7, 2018: Committee Report: Refer for Interim Study for 02/07/2018 (Vote 20-0; CC) HC 5 P. 6
Jan. 17, 2018: Executive Session: 01/17/2018 LOB 204
Jan. 16, 2018: Executive Session: 01/16/2018 LOB 204
Jan. 11, 2018: Public Hearing: 01/11/2018 11:00 AM LOB 204
Jan. 3, 2018: Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 10