SB572 (2020) Detail

Relative to prohibited sexual contact involving persons in a position of authority.


SB 572-FN - AS AMENDED BY THE SENATE

 

03/13/2020   1208s

2020 SESSION

20-2731

04/05

 

SENATE BILL 572-FN

 

AN ACT relative to prohibited sexual contact involving persons in a position of authority.

 

SPONSORS: Sen. Hennessey, Dist 5; Sen. Gray, Dist 6; Sen. Rosenwald, Dist 13; Sen. Fuller Clark, Dist 21; Sen. Feltes, Dist 15; Sen. Starr, Dist 1; Sen. Levesque, Dist 12; Sen. Kahn, Dist 10; Sen. Chandley, Dist 11; Sen. Watters, Dist 4; Sen. Cavanaugh, Dist 16; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Rep. Tanner, Sull. 9

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill inserts a definition of "student" in the sexual assault statutes and amends the circumstances that constitute sexual contact by a person in a position of authority for the purpose of sexual 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/2020   1208s 20-2731

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to prohibited sexual contact involving persons in a position of authority.

 

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

 

1  New Paragraph; Sexual Assault and Related Offenses; Definitions.  Amend RSA 632-A:1 by inserting after paragraph V the following new paragraph:

V-a.  “Student” means an individual who is enrolled or participating in any class or program from preschool through grade 12, or any “adult student” as specified in Ed 1102.01(f)(1) at any school or education institution except as otherwise provided in the department of education administrative rules for the education of children with disabilities.

2  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(n) to read as follows:

(n)  When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances:

(1)  When the actor has direct supervisory, disciplinary, or other authority authorized by law over, or direct responsibility for maintaining detention of, the victim by virtue of the victim being detained or incarcerated in a correctional institution, the secure psychiatric unit, a juvenile detention facility, or any other setting in which the victim is not free to leave; [or]

(2)  When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation; or

(3)  When the actor is an employee, volunteer, or contractor at a primary or secondary educational institution and is in a position of authority over the victim, who is a student at the same educational institution.

Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense.

3  Felonious Sexual Assault.  Amend RSA 632-A:3, IV to read as follows:

IV.(a)  Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances:

(1)  When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; [or]

(2)  When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation; or

(3)  When the actor is an employee, volunteer, or contractor at a primary or secondary educational institution and is in a position of authority over the victim, who is a student at the same educational institution.

(b)  Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense.

(c)  For the purpose of this paragraph, "sexual contact" means the intentional touching whether directly, through clothing, or otherwise, of the [person's] victim's or actor's sexual or intimate parts, including genitalia, emissions of seminal or vaginal fluid, tongue, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.

4  Sexual Assault.  Amend RSA 632-A:4, III(c) to read as follows:

(c)  For the purpose of this paragraph, "sexual contact" means the intentional touching whether directly, through clothing, or otherwise, of the [person's] victim's or actor's sexual or intimate parts, including genitalia, emissions of seminal or vaginal fluid, tongue, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification of the person in the position of authority, or the humiliation of the person being touched.

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

 

LBAO

20-2731

Amended 3/24/20

 

SB 572-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1208s)

 

AN ACT relative to prohibited sexual contact involving persons in a position of authority.

 

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 inserts a definition of "student" in the sexual assault statutes and amends the circumstances that constitute sexual contact by a person in a position of authority for the purpose of sexual assault.  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 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 -Misdemeanor

$300/Case

$300/Case

Assigned Counsel - Misdemeanor

$60/hour up to $1,400

$60/hour up to $1,400

Contract Attorney – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)

$2,490/Case

$2,490/Case

Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)

$100/Hour up to $8,000

 

$100/Hour up to $8,000

 

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

 

Links

SB572 at GenCourtMobile
SB572 Discussion

Action Dates

Date Body Type
Jan. 23, 2020 Senate Hearing
March 12, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote

Bill Text Revisions

SB572 Revision: 8392 Date: March 27, 2020, 6:08 p.m.
SB572 Revision: 7774 Date: Jan. 2, 2020, 1:52 p.m.

Docket

Date Status
Jan. 8, 2020 To Be Introduced 01/08/2020 and Referred to Judiciary; SJ 1
Jan. 23, 2020 Hearing: 01/23/2020, Room 100, SH, 09:00 am; SC 2
March 12, 2020 Committee Report: Ought to Pass, 03/12/2020; Vote 5-0; CC; SC 10
March 11, 2020 Committee Report: Ought to Pass, 03/11/2020; Vote 5-0; CC; SC 10
March 11, 2020 Sen. Carson Moved to Remove SB 572 from the Consent Calendar; 03/11/2020; SJ 6
March 12, 2020 Special Order to 03/12/2020, Without Objection, MA; 03/11/2020 SJ 6
March 12, 2020 Special Order to the present time, Without Objection, MA; 03/12/2020; SJ 7
March 12, 2020 Sen. Hennessey Floor Amendment # 2020-1208s, RC 24Y-0N, AA; 03/12/2020; SJ 7
March 12, 2020 Sen. Bradley Floor Amendment # 2020-1144s, RC 11Y-13N, AF; 03/12/2020; SJ 7
March 12, 2020 Ought to Pass with Amendment 2020-1208s, RC 24Y-0N, MA; OT3rdg; 03/12/2020; SJ 7
June 30, 2020 Introduced and Laid on Table MA VV 06/30/2020