Bill Details - HB609 (2019)

HB 609-FN - AS INTRODUCED

 

 

2019 SESSION

19-0044

04/06

 

HOUSE BILL 609-FN

 

AN ACT relative to penalties for possession or distribution of child erotica.

 

SPONSORS: Rep. Panasiti, Hills. 22

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes a criminal penalty for possession or distribution of child erotica images.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0044

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to penalties for possession or distribution of child erotica.

 

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

 

1  New Paragraphs; Child Sexual Abuse Images; Definition.  Amend RSA 649-A:2 by inserting after paragraph VII the following new paragraphs:

VIII.  "Commercially available" means for sale to the general public.

IX.  "Purely prurient purposes" means for the specific purpose of sexual gratification or sexual arousal from viewing the visual representations.

2  New Section; Possession or Distribution of Child Erotica.  Amend RSA 649-A by inserting after section 3-b the following new section:

649-A:3-c  Possession or Distribution of Child Erotica.  Any person who purposely or knowingly produces, possesses, displays, distributes, or disseminates, in any form, any visual representation of a partially-clothed child, where the visual representations are unrelated to the sale of a commercially available legal product and are used for purely prurient purposes, shall be guilty of a class A misdemeanor and sentenced to imprisonment for not more that one year, or a fine not to exceed $1,000, or both.  

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

 

LBAO

19-0044

1/11/19

 

HB 609-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to penalties for possession or distribution of child erotica.

 

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 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 establishes a criminal penalty for possession or distribution of child erotica images 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 2020

FY 2021

Class A Misdemeanor

$76

$77

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.  

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

$105 to $120

$105 to $120

 

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.  

 

AGENCIES CONTACTED:

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

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Criminal Justice and Public Safety HJ 3 P. 22
Jan. 23, 2019 Public Hearing: 01/23/2019 01:30 pm LOB 204
Jan. 30, 2019 ==CANCELLED== Executive Session: 01/30/2019 10:00 am LOB 204
Feb. 7, 2019 ==RESCHEDULED== Executive Session: 02/07/2019 10:00 am LOB 204
Feb. 27, 2019 Committee Report: Inexpedient to Legislate for 02/27/2019 (Vote 17-3; RC) HC 13 P. 27
Committee Report: Inexpedient to Legislate (Vote 17-3; RC)
Feb. 28, 2019 Inexpedient to Legislate: MA VV 02/28/2019

Action Dates

Date Body Type
Jan. 23, 2019 House Hearing
Jan. 30, 2019 House Exec Session
Feb. 7, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote

Bill Text Revisions

HB609 Revision: 4892 Date: Jan. 16, 2019, 8:26 a.m.