HB 1598-FN - AS INTRODUCED
2020 SESSION
20-2477
04/10
HOUSE BILL 1598-FN
AN ACT relative to prosecutions for interference with freedom.
SPONSORS: Rep. Fowler, Rock. 20; Rep. Abramson, Rock. 20
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill changes the statute of limitations for the prosecution of first degree and second degree assault offenses.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2477
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to prosecutions for interference with freedom.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Criminal Code; Limitations. Amend RSA 625:8, I by inserting after subparagraph (e) the following new subparagraph:
(f) Notwithstanding subparagraphs (a) and (b), for any offense under RSA 631:1 or RSA 631:2, within 6 years of the victim's eighteenth birthday.
2 Effective Date. This act shall take effect January 1, 2021.
20-2477
12/3/19
HB 1598-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to prosecutions for interference with freedom.
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 changes the statute of limitations for the prosecution of first and second degree assault offenses where the victim was under 18 years of age from six years to six years after the victim's eighteenth birthday. The bill affects 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 |
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 |
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 |
The Department of Justice indicates it would not be involved in the prosecution of the these cases which would be handled by the county attorneys. Appeals from any convictions of such offenses would be handled by the Criminal Justice Bureau and could be done within the Department's current budget.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2020 | House | Hearing |
| Jan. 28, 2020 | House | Exec Session |
| House | Floor Vote | |
| Feb. 19, 2020 | House | Floor Vote |
| March 17, 2020 | Senate | Hearing |
June 16, 2020: No Pending Motion; 06/16/2020 SJ 8
June 16, 2020: Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
March 17, 2020: ==CANCELLED== Hearing: 03/17/2020, Room 100, SH, 09:30 am; SC 11
March 11, 2020: Introduced 03/11/2020 and Referred to Judiciary; SJ 7
Feb. 19, 2020: Ought to Pass: MA VV 02/19/2020 HJ 4 P. 4
: Committee Report: Ought to Pass (Vote 20-0; CC)
Feb. 19, 2020: Committee Report: Ought to Pass for 02/19/2020 (Vote 20-0; CC) HC 7 P. 4
Jan. 28, 2020: Executive Session: 01/28/2020 10:00 am LOB 204
Jan. 16, 2020: Public Hearing: 01/16/2020 03:00 pm LOB 204
Jan. 8, 2020: Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 28