Revision: Jan. 25, 2017, 9:23 a.m.
SB 164-FN - AS INTRODUCED
2017 SESSION
17-0778
04/10
SENATE BILL 164-FN
AN ACT removing the limitations on actions for sexual assaults on victims under 18 years of age.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Bradley, Dist 3; Sen. Feltes, Dist 15; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Gray, Dist 6; Sen. Hennessey, Dist 5; Sen. Innis, Dist 24; Sen. Kahn, Dist 10; Sen. Lasky, Dist 13; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. P. Long, Hills. 10; Rep. Wall, Straf. 6
COMMITTEE: Judiciary
-----------------------------------------------------------------
This bill eliminates the limitation on prosecuting sexual assault and incest cases, where the victim was under 18 years of age at the time of the offense.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0778
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT removing the limitations on actions for sexual assaults on victims under 18 years of age.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Criminal Code; Limitations. Amend RSA 625:8, III(d) to read as follows:
(d) [For] Any offense under RSA 632-A or [for] an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, [within 22 years of the victim's eighteenth birthday] may be prosecuted at any time.
2 Effective Date. This act shall take effect January 1, 2018.
17-0778
1/20/17
SB 164-FN- FISCAL NOTE
as introduced
AN ACT removing the limitations on actions for sexual assaults on victims under 18 years of age.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
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 eliminates the statute of limitations on sexual assault, RSA 632-A, and on incest, RSA 639:2, where the victim was under eighteen years of age at the time of the alleged offense. This bill could result in additional prosecutions of those crimes which would impact the New Hampshire judicial and correctional systems. There is no method to determine how many additional 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 2018 | FY 2019 |
Class B Misdemeanor | $49 | $50 |
Class A Misdemeanor | $71 | $72 |
Routine Criminal Felony Case | $451 | $456 |
Complex Criminal Felony Case | $882 | $888 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2018 and FY 2019 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 – Felony 1 | $2,283/Case | $2,283/Case |
Contract Attorney – Misdemeanor | $275/Case | $275/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
|
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%).
* The Council’s budget request for the FY 2018-19 biennium includes an increase to $300 per case for contract attorney misdemeanor cases. | ||
Department of Corrections |
|
|
FY 2016 Average Cost of Incarcerating an Individual | $35,832 | $35,832 |
FY 2016 Average Cost of Supervising an Individual on Parole/Probation | $573 | $573 |
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Department of Justice states it would not be involved in prosecutions or investigations related to this bill and any appeals would be absorbed within its current budget.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties