SB584 (2018) Detail

Prohibiting electroconvulsive therapy on children 16 years of age or under.


SB 584-FN - AS INTRODUCED

 

 

2018 SESSION

18-3016

05/01

 

SENATE BILL 584-FN

 

AN ACT prohibiting electroconvulsive therapy on children 16 years of age or under.

 

SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Reagan, Dist 17; Rep. P. Gordon, Rock. 29; Rep. Kotowski, Merr. 24; Rep. Cushing, Rock. 21

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill prohibits the use of electroconvulsive therapy on any person 16 years of age and younger.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-3016

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT prohibiting electroconvulsive therapy on children 16 years of age or under.

 

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

 

1  New Chapter; Electroconvulsive Therapy.  Amend RSA by inserting after chapter 329-C the following new chapter:

CHAPTER 329-D

ELECTROCONVULSIVE THERAPY

329-D:1  Electroconvulsive Therapy; When Prohibited.  

I.  No person shall administer electroconvulsive therapy, also known as ECT, electroshock, or electroshock therapy, to a person who is 16 years of age or younger.

II.  A person commits an offense under this chapter if the person intentionally causes, conspires with another to cause, or assists another to cause a person 16 years of age or younger to be administered electroconvulsive therapy.

329-D:2  Criminal Penalty; Civil Remedy.  

I.  Any person convicted of violating RSA 329-D:1 shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person, and subject to a fine of not more than $100,000.

II.  A victim may bring a civil action against any person who commits an offense under this chapter for damages and for such equitable relief, including an injunction, as the court deems necessary and proper.

III.  Nothing in this section shall preclude the victim from pursuing any other remedy available under federal or state law.

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

 

LBAO

18-3016

1/16/18

 

SB 584-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting electroconvulsive therapy on children 16 years of age or under.

 

FISCAL IMPACT:      [ X ] State              [    ] 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

 

METHODOLOGY:

This bill prohibits electroconvulsive therapy on children 16 years of age or under.  The 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 A Misdemeanor

$72

$73

Routine Criminal Felony Case

$457

$462

Complex Civil Case

$737

$745

Complex Equity Case

$740

$746

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 – 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%).

 

The Department of Justice states that it will not be involved in prosecutions or investigations under the bill, and any appeals will be handled within the Department's budget.  The Department of Corrections and New Hampshire Association of Counties assume the bill will have no fiscal impact.

 

AGENCIES CONTACTED:

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

 

Links

SB584 at GenCourtMobile

Action Dates

Date Body Type
Feb. 20, 2018 Senate Hearing
March 8, 2018 Senate Floor Vote

Bill Text Revisions

SB584 Revision: 2953 Date: Jan. 17, 2018, 8:37 a.m.

Docket

Date Status
Jan. 17, 2018 Introduced 01/17/2018 and Referred to Judiciary; SJ 3
Jan. 3, 2018 Introduced 01/03/2018 and Referred to Judiciary; SJ 2
Feb. 20, 2018 Hearing: 02/20/2018, Room 100, SH, 09:00 am; SC 7
March 8, 2018 Committee Report: Inexpedient to Legislate; Vote 5-0; CC; 03/08/2018; SC 10A
March 8, 2018 Inexpedient to Legislate, MA, VV === BILL KILLED ===; 03/08/2018; SJ 6