HB1718 (2018) Detail

(New Title) relative to surveillance on the public ways of the state.


HB 1718-FN - AS AMENDED BY THE HOUSE

 

22Mar2018... 1115h

2018 SESSION

18-2555

06/01

 

HOUSE BILL 1718-FN

 

AN ACT relative to surveillance on the public ways of the state.

 

SPONSORS: Rep. Kurk, Hills. 2

 

COMMITTEE: Transportation

 

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ANALYSIS

 

This bill modifies the definition of "surveillance" as it pertains to highways.  This bill also increases the penalty for a private party who engages in surveillance on highways.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2018... 1115h 18-2555

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to surveillance on the public ways of the state.

 

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

 

1  Highway Video Surveillance Prohibited.  Amend RSA 236:130, I and II to read as follows:

I.  In this subdivision, "surveillance'' means the act of determining the ownership or location of a motor vehicle or the identity of a motor vehicle's occupants on the public ways of the state or its political subdivisions through the use of a camera or other imaging device or any other device, including but not limited to a transponder, cellular telephone, global positioning satellite, or radio frequency identification device, that by itself or in conjunction with other devices or information can be used to determine the ownership or location of a motor vehicle or the identity of a motor vehicle' s occupants.

II.  Neither the state of New Hampshire [nor], its political subdivisions, nor any person shall engage in surveillance on any public ways of the state or its political subdivisions.  This prohibition shall not apply to a person engaging in surveillance if:

(a)  The person obtains the consent of the owner or lessee of the vehicle; or

(b)  The surveillance is by a camera, is limited in time and scope, is for a noncommercial purpose, and does not constitute stalking pursuant to RSA 633:3-a.

2  Highway Video Surveillance Prohibited.  Amend RSA 236:130, V to read as follows:

V.  Any person violating the provisions of this section shall be guilty of a [violation if a natural person, or guilty of a] misdemeanor[ if any other person].

3  Effective Date.  This act shall take effect July 1, 2018.

 

LBAO

18-2555

Amended 3/29/18

 

HB 1718-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-1115h)

 

AN ACT relative to surveillance on the public ways of the state.

 

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 Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill modifies the definition of surveillance, as it pertains to highways, and adds “any person” to the state of New Hampshire and political subdivisions as parties prohibiting in engaging in such activity.  This bill also increases the existing penalty from a violation if a natural person and a misdemeanor if any other person, to a misdemeanor for all.  This 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

Simple Criminal Case

$279

$284

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 – Misdemeanor

$300/Case

$300/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.  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.  

 

This bill will have no impact on the Department of Safety or Department of Transportation.

 

AGENCIES CONTACTED:

Judicial Branch, Department of Justice, Judicial Council, Department of Safety, Department of Transportation, and New Hampshire Association of Counties

 

Links


Date Body Type
Jan. 23, 2018 House Hearing
Feb. 20, 2018 House Exec Session
March 15, 2018 House Floor Vote
April 10, 2018 Senate Hearing

Bill Text Revisions

HB1718 Revision: 3300 Date: March 30, 2018, 9:02 a.m.
HB1718 Revision: 2293 Date: Nov. 16, 2017, 12:29 p.m.

Docket


April 26, 2018: Refer to Interim Study, MA, VV; 04/26/2018; SJ 14


April 26, 2018: Committee Report: Referred to Interim Study, 04/26/2018; SC 18


April 10, 2018: Hearing: 04/10/2018, Room 103, LOB, 01:00 pm; SC 16


March 22, 2018: Introduced 03/22/2018 and Referred to Transportation; SJ 11


March 22, 2018: Ought to Pass with Amendment 1115h: MA DV 183-152 03/22/2018 HJ 10 P. 7


March 22, 2018: FLAM # 2018-1115h (NT) (Rep. Kurk): AA VV 03/22/2018 HJ 10 P. 6


March 22, 2018: Refer for Interim Study: MF DV 156-176 03/22/2018 HJ 10 P. 6


March 22, 2018: Reconsider HB 1718 (Rep. Barry): MA DV 174-159 03/22/2018 HJ 10 P. 6


March 21, 2018: Refer for Interim Study: MA DV 169-148 03/21/2018 HJ 9 P. 47


March 15, 2018: Suspend House Rule 65; extending deadline for action to 3/22/2018 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/15/2018 HJ 8 P. 69


: Special Order to 3/15/2018 Without Objection HJ 7 P. 49


March 6, 2018: Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125


: Committee Report: Refer for Interim Study (Vote 14-1; RC)


March 6, 2018: Committee Report: Refer for Interim Study for 03/06/2018 (Vote 14-1; RC) HC 9 P. 77


Feb. 20, 2018: Executive Session: 02/20/2018 LOB 203


Jan. 23, 2018: Public Hearing: 01/23/2018 10:00 AM LOB 203


Jan. 3, 2018: Introduced 01/03/2018 and referred to Transportation HJ 1 P. 21