HB 1594-FN - AS INTRODUCED
2020 SESSION
20-2378
04/06
HOUSE BILL 1594-FN
AN ACT creating an affirmative defense to violation of a restraining order.
SPONSORS: Rep. Forsythe, Merr. 8; Rep. Camarota, Hills. 7; Rep. Love, Rock. 6
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill creates an affirmative defense for a defendant who makes contact with the plaintiff at the plaintiff's request.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2378
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT creating an affirmative defense to violation of a restraining order.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Protection of Persons From Domestic Violence; Violation of Protective Order. Amend RSA 173-B:9 by inserting after paragraph III the following new paragraph:
III-a. It shall be an affirmative defense to the charge that the defendant knowingly violated a protective order issued under RSA 173-B:5, VIII-a by having contact with the plaintiff if the contact is the result of the plaintiff initiating or requesting contact with the defendant.
2 Effective Date. This act shall take effect January 1, 2021.
20-2378
12/3/19
HB 1594-FN- FISCAL NOTE
AS INTRODUCED
AN ACT creating an affirmative defense to violation of a restraining order.
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 Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
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METHODOLOGY:
This bill creates an affirmative defense for violation of a restraining order for a defendant who makes contact with the plaintiff at the plaintiff's request. This bill affects penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many fewer 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 |
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. | ||
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 |
The Judicial Council indicates affirmative defenses must be proved by the defendant by a preponderance of evidence. The Council assumes the bill would not impact the number of cases brought by the state, but could lead to an increase in acquittals. Therefore, the council does not expect the bill will impact indigent defense expenditures.
AGENCIES CONTACTED:
Judicial Branch, Department of Corrections, 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 |
| House | Floor Vote | |
| March 11, 2020 | House | Floor Vote |
March 11, 2020: Inexpedient to Legislate: MA VV 03/11/2020 HJ 7 P. 15
March 11, 2020: Committee Report: Inexpedient to Legislate for 03/11/2020 (Vote 20-0; CC) HC 10 P. 10
: Committee Report: Inexpedient to Legislate (Vote 20-0; CC)
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 10:30 am LOB 204
Jan. 8, 2020: Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 28