Bill Details - HB189 (2019)

HB 189-FN - VERSION ADOPTED BY BOTH BODIES

 

 

2019 SESSION

19-0161

04/01

 

HOUSE BILL 189-FN

 

AN ACT establishing an exemption from criminal penalties for child sex trafficking victims.

 

SPONSORS: Rep. Massimilla, Graf. 1; Rep. Katsakiores, Rock. 6; Rep. Mangipudi, Hills. 35; Rep. T. Smith, Hills. 17; Rep. Ebel, Merr. 5; Rep. Klee, Hills. 30; Rep. Hennessey, Graf. 1

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill exempts juvenile victims of human trafficking from prosecution for certain conduct chargeable as a criminal offense which was committed as a result of being trafficked.  The bill also allows juvenile victims of human trafficking to petition to vacate a delinquency adjudication resulting from participating in conduct that was the direct result of being trafficked.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0161

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT establishing an exemption from criminal penalties for child sex trafficking victims.

 

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

 

1  Trafficking in Persons.  Amend RSA 633:7, VI to read as follows:

VI.(a)  A victim under this section who was under 18 years of age at the time of the offense shall not be subject to juvenile delinquency proceeding under RSA 169-B, or prosecuted for conduct chargeable as indecent exposure and lewdness under RSA 645:1 [or], prostitution under RSA 645:2, or any other misdemeanor or class B felony, where the conduct was committed as a direct result of being trafficked, provided that the conduct chargeable did not involve an act of violence as defined in RSA 625:9, VII.

(b)  An individual convicted, or adjudicated as delinquent, for the commission of an offense [under RSA 645:1 or RSA 645:2 for conduct] set forth in subparagraph (a) which was committed as a direct result of being a victim of human trafficking may file a motion with the circuit court, district division, to vacate the conviction or adjudication.  A copy of the motion shall be provided to the agency that prosecuted the offense.  After a hearing, the court may grant the request upon a finding, by clear and convincing evidence, that the defendant's participation in the offense was a direct result of being trafficked.

(c)  The defendant shall not be required to provide any official documentation indicating that he or she was a victim of trafficking, but such documentation, if provided, shall create the presumption that the defendant's participation in the offense was a direct result of being a victim of trafficking.

2  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0161

11/7/18

 

HB 189-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing an exemption from criminal penalties for child sex trafficking victims.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

 

 

 

 

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 fewer 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 2020

FY 2021

Class B Misdemeanor

$53

$54

Class A Misdemeanor

$76

$77

Routine Criminal Felony Case

$481

$486

Appeals

Varies

Varies

 

 

 

It should be noted that average case cost estimates for FY 2020 and FY 2021 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

$105 to $120

$105 to $120

 

The Judicial Council indicates the indigent defense system is rarely called upon to provide representation to juvenile victims of sex trafficking and this bill would have no effect on the Council's expenditures for defense of the indigent accused.  The Council assumes a juvenile would not be entitled to counsel for motions to vacate convictions or adjudications.

 

The Department of Justice is not involved in this type of juvenile delinquency proceedings and the Department does not anticipate the bill would result in any fiscal impact to the Department.

 

The Department of Corrections indicates this bill would have no fiscal impact on the Department.

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Departments of Justice and Corrections

 

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Criminal Justice and Public Safety HJ 2 P. 40
Jan. 9, 2019 ==RECESSED== Public Hearing: 01/09/2019 10:30 am LOB 204
Jan. 15, 2019 ==CONTINUED== Public Hearing: 01/15/2019 11:00 am LOB 204
Jan. 17, 2019 Executive Session: 01/17/2019 11:00 am LOB 204
Jan. 31, 2019 Committee Report: Ought to Pass for 01/31/2019 (Vote 20-0; CC) HC 9 P. 3
Committee Report: Ought to Pass (Vote 20-0; CC)
Jan. 31, 2019 Ought to Pass: MA VV 01/31/2019 HJ 4 P. 4
March 7, 2019 Introduced 03/07/2019 and Referred to Judiciary; SJ 8
April 2, 2019 Hearing: 04/02/2019, Room 100, SH, 09:10 am; SC 16
May 23, 2019 Committee Report: Ought to Pass, 05/23/2019; Vote 5-0; CC SC 23
May 23, 2019 Ought to Pass: MA, VV; OT3rdg; 05/23/2019; SJ 17

Action Dates

Date Body Type
Jan. 9, 2019 House Hearing
Jan. 15, 2019 House Hearing
Jan. 17, 2019 House Exec Session
House Floor Vote
Jan. 31, 2019 House Floor Vote
April 2, 2019 Senate Hearing
May 23, 2019 Senate Floor Vote

Bill Text Revisions

HB189 Revision: 4404 Date: Dec. 26, 2018, 2:30 p.m.
HB189 Revision: 6038 Date: May 23, 2019, 12:47 p.m.