Revision: Dec. 2, 2019, 1:52 p.m.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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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 |
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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 |
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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