HB 1586-FN - AS INTRODUCED
2020 SESSION
20-2296
04/10
HOUSE BILL 1586-FN
AN ACT relative to the statute of limitations for sexual assault.
SPONSORS: Rep. Altschiller, Rock. 19; Rep. Conley, Straf. 13; Rep. Burroughs, Carr. 1; Rep. Chase, Straf. 18; Rep. Berrien, Rock. 18; Rep. McLean, Hills. 44; Sen. Watters, Dist 4; Sen. Reagan, Dist 17; Sen. Levesque, Dist 12
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill permits prosecution for aggravated felonious sexual assault and felonious sexual assault at any time, regardless of when the alleged offense occurred.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2296
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the statute of limitations for sexual assault.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Criminal Code; Limitations. Amend RSA 625:8, III(d) to read as follows:
(d)(1) For any offense under RSA 632-A, regardless of when the alleged offense occurred, at any time.
(2) For [any] an offense under [RSA 632-A or for an offense under] RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.
2 Effective Date. This act shall take effect January 1, 2021.
20-2296
12/3/19
HB 1586-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the statute of limitations for sexual assault.
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 | $0 | 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 | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill permits prosecution for aggravated felonious sexual assault and felonious sexual assault at any time, regardless of when the alleged offense occurred. 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 |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Contract Attorney – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $2,490/Case | $2,490/Case |
Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $100/Hour up to $8,000
| $100/Hour up to $8,000
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Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
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%). | ||
Department of Corrections |
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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 |
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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, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| March 3, 2020 | House | Hearing |
| March 4, 2020 | House | Exec Session |
| March 3, 2020 | House | Exec Session |
| March 4, 2020 | House | Exec Session |
| Sept. 15, 2020 | House | Exec Session |
| House | Floor Vote |
: Interim Study Report: Recommended for Future Legislation (Vote 10-1)
Sept. 15, 2020: Full Committee Work Session: 09/15/2020 10:00 am Members of the public may attend using this link: : https://www.zoom.us/j/94238069790 - Executive Session to Follow
March 11, 2020: Refer for Interim Study: MA RC 200-123 03/11/2020
March 11, 2020: Lay on Table (Rep. Bordenet): MF DV 161-162 03/11/2020
: Minority Committee Report: Ought to Pass
March 11, 2020: Majority Committee Report: Refer for Interim Study for 03/11/2020 (Vote 18-2; RC) HC 10 P. 43
: Majority Committee Report: Refer for Interim Study (Vote 18-2; RC)
March 4, 2020: ==CONTINUED== Executive Session: 03/04/2020 10:00 am LOB 204 (if necessary)
March 4, 2020: Executive Session: 03/04/2020 01:00 pm LOB 204
March 3, 2020: Executive Session: 03/03/2020 01:00 pm LOB 204
March 3, 2020: Public Hearing: 03/03/2020 11:00 am LOB 204
Jan. 8, 2020: Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 27