SB524 (2020) Detail

Relative to immunity from arrest or prosecution for prostitution for seeking medical assistance for reporting certain crimes.


SB 524-FN - AS AMENDED BY THE SENATE

 

03/05/2020   0724s

2020 SESSION

20-2921

04/10

 

SENATE BILL 524-FN

 

AN ACT relative to immunity from arrest or prosecution for prostitution for seeking medical assistance for reporting certain crimes.

 

SPONSORS: Sen. French, Dist 7; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill provides immunity from prosecution for prostitution for a person reporting to law enforcement that such person or another person is the victim of a sexual assault, incest, or assault.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020   0724s 20-2921

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to immunity from arrest or prosecution for prostitution for seeking medical assistance for reporting certain crimes.

 

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

 

1  New Paragraphs; Prostitution and Related Offenses; Immunity From Prosecution.  Amend RSA 645:2 by inserting after paragraph VI the following new paragraphs:

VII.  As used in this section, "reports being the victim of a sexual assault" or other crime means reporting the initial crime to law enforcement and assisting law enforcement to identify the alleged perpetrator.  It does not include further cooperation in prosecution.

VIII.  It shall be a defense to a violation of this section that a person reports being the victim of a sexual assault as defined in RSA 632-A:2, 632-A:3, or 632-A:4, incest under RSA 639:2, or assault under RSA 631:1 through RSA 631:2-b.  A person who reports being the victim of such an offense shall not be arrested, prosecuted, or convicted for a violation of this section if the evidence for the charge was gained as a proximate result of the person’s reporting.  Any victim seeking medical treatment following a sexual assault shall be afforded all options of care outlined in the New Hampshire attorney general’s sexual assault medical forensic exam protocol without making a report to or cooperating with law enforcement.  

IX.  Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraph VIII.  Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband.  Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation who is not protected by the provisions of paragraph VIII.

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

 

LBAO

20-2921

Amended 3/9/20

 

SB 524-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-0724s)

 

AN ACT relative to immunity from arrest or prosecution for prostitution for seeking medical assistance for reporting certain crimes.

 

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 Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

 

 

 

 

METHODOLOGY:

This bill impacts 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

Violation Level Offense

$52

$54

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.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

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 less cases or handle less appeals, then costs may decrease by an indeterminable amount.  

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties

 

Links

SB524 at GenCourtMobile
SB524 Discussion

Action Dates

Date Body Type
Jan. 14, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB524 Revision: 8211 Date: April 3, 2020, 9:59 a.m.
SB524 Revision: 7689 Date: Dec. 23, 2019, 5:09 p.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Judiciary; SJ 1
Jan. 14, 2020 Hearing: 01/14/2020, Room 100, SH, 10:20 am; SC 2
March 5, 2020 Committee Report: Ought to Pass with Amendment # 2020-0724s, 03/05/2020; Vote 5-0; CC; SC 9
March 5, 2020 Committee Amendment # 2020-0724s, AA, VV; 03/05/2020; SJ 5
March 5, 2020 Ought to Pass with Amendment 2020-0724s, MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Criminal Justice and Public Safety
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020