HB1598 (2020) Detail

Relative to prosecutions for interference with freedom.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

LBAO

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

 

 

 

Estimated Increase / (Decrease)

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

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

 

 

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

 

 

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

 

 

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

 

Links

HB1598 at GenCourtMobile
HB1598 Discussion

Action Dates

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

Bill Text Revisions

HB1598 Revision: 7236 Date: Dec. 4, 2019, 12:53 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 28
Jan. 16, 2020 Public Hearing: 01/16/2020 03:00 pm LOB 204
Jan. 28, 2020 Executive Session: 01/28/2020 10:00 am LOB 204
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
Feb. 19, 2020 Ought to Pass: MA VV 02/19/2020
March 11, 2020 Introduced 03/11/2020 and Referred to Judiciary; SJ 7
March 17, 2020 ==CANCELLED== Hearing: 03/17/2020, Room 100, SH, 09:30 am; SC 11