Bill Details - HB1760 (2018)

HB 1760-FN - AS INTRODUCED

 

 

2018 SESSION

18-2558

06/01

 

HOUSE BILL 1760-FN

 

AN ACT establishing an expectation of privacy in personal materials.

 

SPONSORS: Rep. Kurk, Hills. 2

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill provides individuals with an expectation of privacy in their personal materials and protection from intrusion by government.  This bill also establishes fines for the violation of such privacy.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2558

06/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing an expectation of privacy in personal materials.

 

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

 

1  New Section; Expectation of Privacy in Personal Materials.  Amend RSA 644 by inserting after section 644:21 the following new section:

644:22  Expectation of Privacy in Personal Materials.

I.  In this section:

(a)  "Individual" means a living human being.

(b)  "Government" means the federal government, the state government, and its political subdivisions, and state and municipal agencies and departments, including employees, agents, and contractors.

(c)  "Person" means an individual, partnership, limited liability company, corporation, and any other organization, including for-profit and not-for-profit entities, but excluding government.

(d)  "Personal materials" means physical items owned or possessed by an individual or abandoned intentionally or unintentionally, including without limitation, fingerprints, saliva, hair, household papers, and effects, in private and public places.

II.  Subject to a warrant supported by probable cause pursuant to Part I, Art. 19 of the New Hampshire constitution or a judicially recognized exception to the warrant requirement in the case of governments, and a court order signed by a judge in the case of persons, each individual has an expectation of privacy and protection from intrusion by government and persons in his or her personal materials.

III.  Nothing in this section shall limit the acquisition, collection, retention, or use of personal materials:

(a) By a law enforcement agency at a crime scene or through examination and analysis of such materials by forensic laboratories; or

(b) By the judicial branch or any state regulatory agency within the branch's or agency's adjudicatory or regulatory function.

IV.  If federal law preempts any provision of this section, such provision shall not apply to the federal government.

V.  Each knowing violation of privacy under paragraph II shall constitute a separate offense.  For the first knowing violation or series of violations, a person shall be guilty of a class B misdemeanor and shall be subject to a fine of not more than $1,000.  For each subsequent knowing violation, a person shall be guilty of a class B felony and shall be subject to a fine of not more than $2,000.  In addition, in a civil case, for the first knowing violation or series of violations, an individual injured by a violation of this section shall be awarded the higher of actual damages or $1,000, and for each subsequent knowing violation, shall be awarded the higher of actual damages or $2,000.  The individual shall also be awarded court costs and reasonable attorney's fees.  Any government agency or the judicial branch that violates paragraph II shall incur a fine of $10,000 for each knowing violation, which fine shall be deposited in the general fund.

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

 

LBAO

18-2558

11/17/17

 

HB 1760-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing an expectation of privacy in personal materials.

 

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   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 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

Class B Misdemeanor

$50

$51

Average Complex Civil Case

$737

$745

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.  

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$825/Case

$825/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%).

Department of Corrections

 

 

FY 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

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

 

It is anticipated that the majority of cases would be prosecuted by county and local prosecutors.  Appeals from any convictions would be handled by the Criminal Justice Bureau and could be done within the current budget.  The Department of Justice investigates and prosecutes criminal conduct by certain government officials and could become involved in investigations and prosecutions under the proposed statute.  It is not possible to determine how many cases would be brought against a state agency or state employee so the additional time for defense and the associated cost of defense are unknown.

 

To the extent a government agency or the Judicial Branch violate this bill, they shall incur a fine of $10,000 for each violation that will be deposited into the state General Fund.  This may increase revenue by an indeterminable amount.

 

AGENCIES CONTACTED:

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

 

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Judiciary HJ 1 P. 22
Jan. 25, 2018 Public Hearing: 01/25/2018 02:30 PM LOB 208
Feb. 27, 2018 Executive Session: 02/27/2018 LOB 208
March 6, 2018 Committee Report: Refer for Interim Study for 03/06/2018 (Vote 18-0; CC) HC 9 P. 27
Committee Report: Refer for Interim Study (Vote 18-0; CC)
March 6, 2018 Refer for Interim Study: MA VV 03/06/2018 HJ 6 P. 48

Action Dates

Date Body Type
Jan. 25, 2018 House Hearing
Feb. 27, 2018 House Exec Session

Bill Text Revisions

HB1760 Revision: 2219 Date: Nov. 20, 2017, 1:51 p.m.