HB 239-FN - FINAL VERSION
04/29/2021 1224s
24Jun2021... 2032CofC
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/29/2021 1224s
24Jun2021... 2032CofC 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 Subparagraphs; Criminal Code; Limitations. Amend RSA 625:8, I by inserting after subparagraph (f) the following new subparagraphs:
(g) Notwithstanding subparagraphs (a) and (b), for any offense under RSA 631:1, within 6 years of the victim's eighteenth birthday.
(h) Notwithstanding subparagraphs (a) and (b), for any offense under RSA 631:2, within 6 years of the date the offense was committed or within 3 years of the victim's eighteenth birthday, whichever is greater.
2 Effective Date. This act shall take effect January 1, 2022.
VETOED 8/10/21 | Veto Sustained January 5, 2022
21-0185
Amended 5/3/21
HB 239-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2021-1224s)
AN ACT relative to prosecutions for certain assaults against minors.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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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 |
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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
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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 |
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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 |
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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
| Date | Body | Type |
|---|---|---|
| March 1, 2021 | House | Hearing |
| House | Floor Vote | |
| April 13, 2021 | Senate | Hearing |
| April 29, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | House | Floor Vote |
| April 13, 2021 | Senate | Hearing |
| April 29, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | Senate | Floor Vote |
| June 24, 2021 | House | Floor Vote |
Jan. 13, 2022: Veto Sustained 01/05/2022: RC 35-312 Lacking Necessary Two-Thirds Vote HJ 1
Aug. 11, 2021: Vetoed by Governor Sununu 08/10/2021
Aug. 10, 2021: Vetoed by Governor Sununu 08/10/2021
June 24, 2021: Enrolled (in recess of) 06/24/2021
July 28, 2021: Enrolled (in recess of) 06/24/2021
July 28, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Conference Committee Report 2021-2032c: Adopted, VV 06/24/2021
June 24, 2021: Conference Committee Report 2021-2032c: Adopted, VV 06/24/2021
June 24, 2021: Conference Committee Report # 2021-2032c, Adopted, VV; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report # 2021-2032c, Adopted, VV; 06/24/2021; SJ 20
June 24, 2021: Conference Committee Report Filed, # 2021-2032c; 06/24/2021
June 17, 2021: Conference Committee Report Filed, # 2021-2032c; 06/24/2021
June 10, 2021: Conferee Change: Rep. R. Newman Replaces Rep. Harriott-Gathright 06/10/2021
June 16, 2021: Conference Committee Meeting: 06/16/2021 10:00 am LOB 201-203
June 10, 2021: Conferee Change: Rep. R. Newman Replaces Rep. Harriott-Gathright 06/10/2021 HJ 10 P. 22
June 16, 2021: Conference Committee Meeting: 06/16/2021 10:00 am LOB 201-203
June 14, 2021: Conferee Change: Rep. R. Newman Replaces Rep. Harriott-Gathright 06/10/2021 HJ 10 P. 22
June 10, 2021: President Appoints: Senators Carson, French, Whitley; 06/10/2021; SJ 19
June 10, 2021: President Appoints: Senators Carson, French, Whitley; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 10, 2021: Sen. Carson Accedes to House Request for Committee of Conference, MA, VV; 06/10/2021; SJ 19
June 4, 2021: House Non-Concurs with Senate Amendment 2021-1224s and Requests CofC (Reps. Abbas, Rhodes, Wallace, Harriott-Gathright): MA VV 06/04/2021 HJ 9 P. 53
June 8, 2021: House Non-Concurs with Senate Amendment 2021-1224s and Requests CofC (Reps. Abbas, Rhodes, Wallace, Harriott-Gathright): MA VV 06/04/2021 HJ 9 P. 53
April 29, 2021: Ought to Pass with Amendment 2021-1224s, RC 24Y-0N, MA; OT3rdg; 04/29/2021; SJ 13
April 29, 2021: Ought to Pass with Amendment 2021-1224s, RC 24Y-0N, MA; OT3rdg; 04/29/2021; SJ 13
April 29, 2021: Sen. Carson Floor Amendment # 2021-1224s, RC 24Y-0N, AA; 04/29/2021; SJ 13
April 29, 2021: Sen. Carson Floor Amendment # 2021-1224s, RC 24Y-0N, AA; 04/29/2021; SJ 13
April 29, 2021: Sen. Carson Moved Ought to Pass; 04/29/2021; SJ 13
April 29, 2021: Sen. Carson Moved Ought to Pass; 04/29/2021; SJ 13
April 29, 2021: Inexpedient to Legislate, RC 0Y-24N, MF; 04/29/2021; SJ 13
April 29, 2021: Inexpedient to Legislate, RC 0Y-24N, MF; 04/29/2021; SJ 13
April 21, 2021: Committee Report: Inexpedient to Legislate, 04/29/2021; SC 21
April 29, 2021: Committee Report: Inexpedient to Legislate, 04/29/2021; SC 21
April 13, 2021: Remote Hearing: 04/13/2021, 01:30 pm; Links to join the hearing can be found in the Senate Calendar; SC 19
April 8, 2021: Remote Hearing: 04/13/2021, 01:30 pm; Links to join the hearing can be found in the Senate Calendar; SC 19
April 1, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11
April 7, 2021: Introduced 04/01/2021 and Referred to Judiciary; SJ 11
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Reconsider (Rep. Osborne): MF VV 04/07/2021 HJ 5 P. 50
April 7, 2021: Ought to Pass: MA VV 04/07/2021 HJ 5 P. 7
April 7, 2021: Ought to Pass: MA VV 04/07/2021 HJ 5 P. 7
: Committee Report: Ought to Pass (Vote 20-0; CC) HC 18 P. 6
March 2, 2021: Committee Report: Ought to Pass (Vote 20-0; CC) HC 18 P. 6
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. 9, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 40
Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Criminal Justice and Public Safety HJ 2 P. 40