HB239 (2021) Detail

Relative to prosecutions for certain assaults against minors.


HB 239-FN - AS INTRODUCED

 

 

2021 SESSION

21-0185

04/10

 

HOUSE BILL 239-FN

 

AN ACT relative to prosecutions for certain assaults against minors.

 

SPONSORS: Rep. Abramson, Rock. 37; Rep. Ankarberg, Straf. 10

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0185

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to prosecutions for certain assaults against minors.

 

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 (f) the following new subparagraph:

(g)  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, 2022.

 

LBA

21-0185

12/14/20

 

HB 239-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to prosecutions for certain assaults against minors.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   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 degree and second degree assault offenses.  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

Simple Criminal Case

$309

$309

Routine Criminal Felony Case

$494

$494

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 – 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

 

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

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 2020 Average Cost of Incarcerating an Individual

$47,691

$47,691

FY 2020 Annual Marginal Cost of a General Population Inmate

$6,407

$6,407

FY 2020 Average Cost of Supervising an Individual on Parole/Probation

$584

$584

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

HB239 at GenCourtMobile
HB239 Discussion

Action Dates

Date Body Type
March 1, 2021 House Hearing

Bill Text Revisions

HB239 Revision: 31593 Date: Jan. 9, 2021, 4:03 p.m.

Docket


March 1, 2021: Public Hearing: 03/01/2021 11:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/93127871930 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 40