HB1133 (2020) Detail

Relative to violations of constitutional rights


HB 1133-FN - AS INTRODUCED

 

 

2020 SESSION

20-2118

06/04

 

HOUSE BILL 1133-FN

 

AN ACT relative to violations of constitutional rights.

 

SPONSORS: Rep. Comeau, Carr. 5; Rep. Burt, Hills. 39; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill prohibits interference with a person's constitutional rights.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2118

06/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to violations of constitutional rights.

 

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

 

1  New Section; Actions; Violations of Constitutional Rights.  Amend RSA 507 by inserting after section 6 the following new section:

507:6-a  Violation of Constitutional Rights.  No person, whether or not acting under color of law, including all unelected appointed corporate employees or officers, shall by force or threat of force, or by silence and/or nonfeasance, injure, intimidate, oppress, coerce, or otherwise hinder any inhabitant of this republic in the free exercise or enjoyment of any right or privilege secured and guaranteed by the constitution or statutes of New Hampshire, or by the laws of the United States as expressed in Article Six of the United States Constitution.  Anyone convicted of violating this provision shall be fined not more than $10,000 or imprisoned for one year or both; and if bodily injury results, shall be punished by a fine of not more than $100,000 or by imprisonment for 10 years.  The penalty imposed by RSA 92:2 shall be enforced as the violation of this provision will be a breach of oath and fiduciary duty and a trespass on the rights of the inhabitant.

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2118

10/4/19

 

HB 1133-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to violations of constitutional rights

 

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

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill prohibits persons from threatening, "or by silence and/or nonfeasance, injure, intimidate, oppress, coerce or otherwise hinder" another person in the free exercise or enjoyment of any right or privilege guaranteed under the constitution or laws of the State of New Hampshire or Article Six of the U.S. Constitution.  The bill contains penalties of up to $100,000 or imprisonment of up to 10 years.  There is no designation of violation, misdemeanor or felony.  These penalties  may have an impact on the New Hampshire correctional system.  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.

 

Department of Corrections

FY 2021

FY 2022

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

AGENCIES CONTACTED:

Department of Corrections and New Hampshire Association of Counties

 

Links

HB1133 at GenCourtMobile
HB1133 Discussion

Action Dates

Date Body Type
Jan. 23, 2020 House Hearing
Feb. 5, 2020 House Exec Session
House Floor Vote
Feb. 19, 2020 House Floor Vote

Bill Text Revisions

HB1133 Revision: 6766 Date: Dec. 17, 2019, 3:13 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Judiciary HJ 1 P. 10
Jan. 23, 2020 Public Hearing: 01/23/2020 10:20 am LOB 208
Feb. 5, 2020 Executive Session: 02/05/2020 10:00 am LOB 208
Committee Report: Inexpedient to Legislate (Vote 19-1; CC)
Feb. 19, 2020 Committee Report: Inexpedient to Legislate for 02/19/2020 (Vote 19-1; CC) HC 7 P. 11
Feb. 19, 2020 Inexpedient to Legislate: MA VV 02/19/2020