HB1175 (2020) Detail

Increasing the penalty for certain invasions of privacy.


HB 1175-FN - AS AMENDED BY THE HOUSE

 

11Mar2020... 0293h

2020 SESSION

20-2312

04/08

 

HOUSE BILL 1175-FN

 

AN ACT increasing the penalty for certain invasions of privacy.

 

SPONSORS: Rep. Vincent, Straf. 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill increases the criminal penalty for certain violations of privacy and nonconsensual dissemination of private sexual 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0293h 20-2312

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT increasing the penalty for certain invasions of privacy.

 

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

 

1  Breaches of the Peace; Violation of Privacy.  Amend RSA 644:9, I-IV to read as follows:

I.  A person is guilty of a class A misdemeanor for a first offense, and a class B felony for a second or subsequent offense, if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses:

(a)  Any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or

(b)  In any private place, any device for the purpose of observing, photographing, recording, amplifying or broadcasting, or in any way transmitting images or sounds in such place; or

(c)  Outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.  This subparagraph shall not include a device placed in a non-populated area for the purpose of capturing video or images of wildlife.

II.  As used in this section, "private place" means a place where one may reasonably expect to be safe from surveillance including public restrooms, locker rooms, the interior of one's dwelling place, or any place where a person's private body parts including genitalia, buttocks, or female breasts may be exposed.

III.  A person is guilty of a class [A misdemeanor] B felony if that person knowingly disseminates or causes the dissemination of any photograph or video recording of himself or herself engaging in sexual activity with another person without the express consent of the other person or persons who appear in the photograph or videotape.  In this paragraph, "disseminate" and "sexual activity" shall have the same meaning as in RSA 649-A:2.

III-a.  A person is guilty of a class A misdemeanor for a first offense, and a class B felony for a second or subsequent offense if, for the purpose of arousing or gratifying the person's sexual desire, he or she knowingly views another person, without that person's knowledge or consent, in a place where one would have a reasonable expectation of privacy.  For purposes of this paragraph, "views" means looking at another person with the unaided eye or any device intended to improve visual acuity.

IV.  A person is guilty of a [misdemeanor] class B felony if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose.

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

 

LBAO

20-2312

Amended 3/27/20

 

HB 1175-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0293h)

 

AN ACT increasing the penalty for certain invasions of privacy.

 

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 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 2021

FY 2022

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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

Contract Attorney – Felony

$825/Case

$825/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

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%).

Department of Corrections

 

 

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:

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

 

Links

HB1175 at GenCourtMobile
HB1175 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
Feb. 5, 2020 House Exec Session
Feb. 5, 2020 House Exec Session
Feb. 25, 2020 House Exec Session
March 3, 2020 House Exec Session
March 4, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1175 Revision: 8266 Date: April 3, 2020, 9:39 a.m.
HB1175 Revision: 6826 Date: Dec. 2, 2019, 11:07 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 12
Jan. 29, 2020 Public Hearing: 01/29/2020 10:00 am LOB 204
Feb. 5, 2020 Full Committee Work Session: 02/05/2020 10:00 am LOB 204
Feb. 5, 2020 ==RECESSED== Executive Session: 02/05/2020 01:00 pm LOB 204
Feb. 25, 2020 ==RECESSED== Executive Session: 02/25/2020 01:00 pm LOB 204
March 3, 2020 ==CONTINUED== Executive Session: 03/03/2020 01:00 pm LOB 204
March 4, 2020 ==CONTINUED== Executive Session: 03/04/2020 10:00 am LOB 204 (if necessary)
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-0293h for 03/11/2020 (Vote 19-0; CC) HC 10 P. 8
Committee Report: Ought to Pass with Amendment # 2020-0293h (Vote 19-0; CC)
March 11, 2020 Amendment # 2020-0293h: AA VV 03/11/2020
March 11, 2020 Ought to Pass with Amendment 2020-0293h: MA VV 03/11/2020
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8