Revision: March 23, 2020, 9:36 a.m.
SB 605-FN - AS AMENDED BY THE SENATE
03/11/2020 1052s
2020 SESSION
20-2746
04/03
SENATE BILL 605-FN
AN ACT relative to interference with the enjoyment of a dwelling place.
SPONSORS: Sen. Ward, Dist 8; Sen. Birdsell, Dist 19; Rep. Steven Smith, Sull. 11; Rep. Erf, Hills. 2
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill establishes a criminal penalty for interference with the enjoyment of a dwelling place and a civil cause of action for injury resulting from such interference.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 1052s 20-2746
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to interference with the enjoyment of a dwelling place.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Wilful Trespass; Interference With the Enjoyment of a Dwelling Place. Amend RSA 539 by inserting after section 9 the following new section:
539:10 Interference With the Enjoyment of a Dwelling Place. Any person who knowingly uses any device, including a mechanical or electronic device, in such a way as to unreasonably disturb the peaceful enjoyment of another person's dwelling place or its curtilage, or any person who aids in such act, shall be guilty of a misdemeanor. Any person injured by a violation of this section shall have a right of action in the superior court to enforce this section and shall be awarded actual damages or $1,000, whichever is greater, and reasonable attorney's fees and court costs.
2 Effective Date. This act shall take effect January 1, 2021.
20-2746
Amended 3/23/20
SB 605-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2020-1052s)
AN ACT relative to interference with the enjoyment of a dwelling place.
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 | Indeterminable Increase | 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 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill contains a penalty 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 |
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 |
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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 |
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 |
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