HB1567 (2018) Detail

Relative to the penalties for prostitution and related offenses.


HB 1567-FN - AS INTRODUCED

 

 

2018 SESSION

18-2187

04/10

 

HOUSE BILL 1567-FN

 

AN ACT relative to the penalties for prostitution and related offenses.

 

SPONSORS: Rep. Burridge, Ches. 16

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill changes the penalty for certain prostitution-related offenses to a violation, and establishes a criminal penalty for any person who pays, agrees to pay, or offers to pay another to engage in sexual contact.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2187

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to the penalties for prostitution and related offenses.

 

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

 

1  Prostitution and Related Offenses.  Amend RSA 645:2, I to read as follows:

I.  A person is guilty of a [misdemeanor] violation and shall be fined $100 if the person:

(a)  Solicits, agrees to perform, or engages in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, in return for consideration; or

(b)  Induces or otherwise purposely causes another to violate subparagraph (a); or

(c)  Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or

(d)  Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or

(e)  Knowingly permits a place under such person's control to be used for violation of subparagraph (a)[; or

(f)  Pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person].

2  New Paragraph; Prostitution and Related Offenses.  Amend RSA 645:2 by inserting after paragraph I the following new paragraph:

I-a.  A person is guilty of a class B misdemeanor if such person pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person.  For a second or subsequent offense under this paragraph, the person shall be guilty of a class B misdemeanor and the court may order public reprimand or shaming of the payor.

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

 

LBAO

18-2187

11/6/17

 

HB 1567-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the penalties for prostitution and related offenses.

 

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 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 entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2019

FY 2020

Violation Level Offense

$49

$49

Class B Misdemeanor

$50

$51

Class A Misdemeanor

$72

$73

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.

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

 

The Judicial Council assumes this bill could reduce the number of misdemeanor criminal offenses, but not significantly.  On average, the Public Defender Program handles 36 prostitution cases each year.  The Council assumes this bill could decrease expenditures for the defense of the indigent accused by an indeterminable amount.

 

The Department of Justice is generally not involved with the prosecution of prostitution cases, which are typically handled by local or county prosecutors.  Appeals from any convictions from such offenses would be handled by the Criminal Justice Bureau and could be handled within the Department’s current budget.

 

The Department of Corrections states there would be no fiscal impact to the Department since individuals charged with prostitution would be subject to incarceration in county correctional facilities and not the State prisons.

 

AGENCIES CONTACTED:

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

 

 

 

 

Links

HB1567 at GenCourtMobile

Action Dates

Date Body Type
Jan. 11, 2018 House Hearing
Jan. 17, 2018 House Exec Session
House Floor Vote
Jan. 16, 2018 House Exec Session
Feb. 7, 2018 House Floor Vote

Bill Text Revisions

HB1567 Revision: 2007 Date: Nov. 9, 2017, 9:52 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Criminal Justice and Public Safety HJ 1 P. 15
Jan. 11, 2018 Public Hearing: 01/11/2018 01:30 PM LOB 204
Jan. 17, 2018 Executive Session: 01/17/2018 LOB 204
Jan. 16, 2018 Executive Session: 01/16/2018 LOB 204
Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
Feb. 7, 2018 Committee Report: Inexpedient to Legislate for 02/07/2018 (Vote 20-0; CC) HC 5 P. 6
Feb. 8, 2018 Inexpedient to Legislate: MA VV 02/08/2018 HJ 3 P. 3