SB439 (2020) Detail

Relative to penalties for violations of privacy.


SB 439-FN - AS AMENDED BY THE SENATE

 

03/11/2020   1050s

2020 SESSION

20-2966

04/10

 

SENATE BILL 439-FN

 

AN ACT relative to penalties for violations of privacy.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Giuda, Dist 2; Sen. Bradley, Dist 3; Sen. Cavanaugh, Dist 16

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill amends the penalties for certain nonconsensual violations of privacy.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/2020   1050s 20-2966

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to penalties for violations of privacy.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Violation of Privacy.  Amend RSA 644:9, I to read as follows:

I.  A person is guilty of [a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses]:

(a)  A class B felony if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or  

(b)  A class A misdemeanor, if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses, in any private place, any device for the purpose of observing, photographing, recording, amplifying, or broadcasting, or in any way transmitting images or sounds in such place; or

(c)  A class B misdemeanor, if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses, outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.

2  Effective Date.  This act shall take effect January 1, 2021.

LBAO

20-2966

Amended 3/23/20

 

SB 439-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1050s)

 

AN ACT relative to penalties for violations of privacy.

 

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 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

Class B Misdemeanor

$54

$56

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

Contract Attorney – Misdemeanor

$300/Case

$300/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

 

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

 

Links

SB439 at GenCourtMobile
SB439 Discussion

Action Dates

Date Body Type
Jan. 30, 2020 Senate Hearing
March 12, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote

Bill Text Revisions

SB439 Revision: 8300 Date: March 23, 2020, 9:29 a.m.
SB439 Revision: 7611 Date: Dec. 19, 2019, 9:51 a.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Judiciary; SJ 1
Jan. 30, 2020 Hearing: 01/30/2020, Room 100, SH, 01:10 pm; SC 4
March 11, 2020 Committee Report: Ought to Pass with Amendment # 2020-1050s, 03/11/2020; Vote 5-0; CC; SC 10
March 12, 2020 Committee Report: Ought to Pass with Amendment # 2020-1050s, 03/12/2020; Vote 5-0; CC; SC 10
March 11, 2020 Committee Amendment # 2020-1050s, AA, VV; 03/11/2020; SJ 6
March 11, 2020 Ought to Pass with Amendment 2020-1050s, MA, VV; OT3rdg; 03/11/2020; SJ 6
June 30, 2020 Introduced and Laid on Table MA VV 06/30/2020