HB1283 (2020) Detail

Relative to prohibiting the online disclosure of personally identifiable information.


HB 1283-FN - AS INTRODUCED

 

 

2020 SESSION

20-2045

04/05

 

HOUSE BILL 1283-FN

 

AN ACT relative to prohibiting the online disclosure of personally identifiable information.

 

SPONSORS: Rep. Spillane, Rock. 2; Rep. Horn, Merr. 2; Rep. Notter, Hills. 21; Rep. D. Davis, Rock. 16; Rep. McGuire, Merr. 29; Rep. Hopper, Hills. 2; Sen. Reagan, Dist 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill provides that the release of another's personally identifiable information shall constitute criminal harassment.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2045

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to prohibiting the online disclosure of personally identifiable information.

 

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

 

1  New Subparagraph; Breaches of the Peace; Harassment.  Amend RSA 644:4, I by inserting after subparagraph (f) the following new subparagraph:

(g)  Recklessly or negligently discloses another person's personally identifiable information without such person's consent and with the intent to harass or intimidate such person.  In this subparagraph, "personally identifiable information" shall have the same meaning as "personally identifiable data" in RSA 651-F:1, VII.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2045

10/7/19

 

HB 1283-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to prohibiting the online disclosure of personally identifiable information.

 

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 contains a penalty 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 B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

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.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

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

 

AGENCIES CONTACTED:

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

 

Links

HB1283 at GenCourtMobile
HB1283 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

Bill Text Revisions

HB1283 Revision: 6919 Date: Dec. 2, 2019, 1:52 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 16
Jan. 29, 2020 Public Hearing: 01/29/2020 11:15 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. 13, 2020 Subcommittee Work Session: 02/13/2020 09:30 am LOB 204
Feb. 25, 2020 ==CONTINUED== Executive Session: 02/25/2020 01:00 pm LOB 204