HB1176 (2022) Detail

Relative to reducing the penalty for sex work within one's own home.


HB 1176-FN - AS INTRODUCED

 

 

2022 SESSION

22-2065

04/11

 

HOUSE BILL 1176-FN

 

AN ACT relative to reducing the penalty for sex work within one's own home.

 

SPONSORS: Rep. Abramson, Rock. 37; Rep. Adjutant, Graf. 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill establishes a violation-level offense for engaging in sex work in one's own home.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2065

04/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT relative to reducing the penalty for sex work within one's own home.

 

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

 

1  Short Title.  This act shall be known as the "Privacy of Your Own Home Act."

2  Intent. The general court hereby finds that:

I.  Keeping sex work illegal has only contributed to a breakdown in respect for the rule of law, increasing street prostitution in our cities, contributed to the impoverishment of single mothers and children, and the violation of our right to privacy in our homes and personal lives.

II.  Harm reduction countries see 90 percent fewer new cases of HIV among their population than the United States.

III.  Keeping sex work a criminal offense has led to a pandemic of rape, sexual assault, robberies, and violence against sex workers, including women and vulnerable members of the LGBT community.

IV.  Researchers at UCLA and Baylor University found that, when the Rhode Island legislature inadvertently decriminalized indoor prostitution for a number of years, that state saw a 31 percent decline in reported rapes and a similar decline in cases of gonorrhea.

V.  Researchers at a public research institute in the Netherlands discovered that when major cities in that country permitted prostitutes to work legally, reports of rape and sexual abuse declined by as much as 30 to 40 percent in the first two years.

VI.  The New Hampshire constitution, Article 2-b, right of privacy, states "an individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent."

VII.  The penalty of a misdemeanor conviction and jail time for sexual activity among consenting adults is excessive and works against the safety, public reputation, and good character of our cities and our communities.  

3  Prostitution and Related Offenses.  Amend RSA 645:2, I to read as follows:

I.  A person is guilty of a misdemeanor if the person:

(a)  Solicits, agrees to perform, or engages in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, in return for consideration; or

(b)  Induces or otherwise purposely causes another to violate subparagraph (a); or

(c)  Transports another into or within this state with the purpose of promoting or facilitating such other in engaging in conduct in violation of subparagraph (a); or

(d)  Not being a legal dependent incapable of self support, knowingly is supported in whole or in part by the proceeds of violation of subparagraph (a); or

(e)  [Knowingly permits a place under such person's control to be used for violation of subparagraph (a); or

(f)]  Pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person.

4  New Paragraph; Prostitution and Related Offenses; Violation Offense.  Amend RSA 645:2 by inserting after paragraph II the following new paragraph:

II-a.(a)  A person is guilty of a violation if the person solicits, agrees to perform, or engages in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, in return for consideration within the privacy of their own home or a home where they have the legal right to be, where either a condom is used or the provider has submitted to a test within the prior 12 months for sexually transmitted diseases, including an HIV test.

(b)  Any person who violates this paragraph shall be subject to a fine of $10 for a first offense, and a fine of $50 for a second or subsequent offense.

5  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

22-2065

Redraft 11/1/21

 

HB 1176-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to reducing the penalty for sex work within one's own home.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   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:

The bill 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 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 Council

FY 2022

FY 2023

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. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).  Beginning in March of 2021, the public defender program has had to close intake to new cases due to excessive caseloads.  Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments.

NH Association of Counties

FY 2022

FY 2023

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $125

$105 to $125

 

This bill contains penalties that will have an indeterminable impact on the Judicial Branch system.  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.  In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation.  The per case data on costs for routine criminal cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times for processing average routine criminal cases that are more than fifteen years old so the data does not have current validity.  A new case study is being conducted  and updated estimates will be available in the future.

 

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 may be able to absorb the cost within its existing budget.  However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.  

 

It is assumed that any fiscal impact would occur after FY 2022.

 

AGENCIES CONTACTED:

Judicial Branch, Department of Justice, Judicial Council, and New Hampshire Association of Counties

 

Links


Date Body Type
Jan. 21, 2022 House Hearing
House Floor Vote

Bill Text Revisions

HB1176 Revision: 33135 Date: Nov. 17, 2021, 11:37 a.m.

Docket


Feb. 17, 2022: Inexpedient to Legislate: MA DV 319-28 02/17/2022 HJ 4


Feb. 17, 2022: Inexpedient to Legislate: MA DV 319-28 02/17/2022 HJ 4


March 21, 2022: Removed from Consent (Rep. Abramson) 02/16/2022 HJ 3


Feb. 16, 2022: Inexpedient to Legislate: MA VV 02/16/2022 HJ 3


Feb. 3, 2022: Committee Report: Inexpedient to Legislate (Vote 20-0; CC)


Jan. 13, 2022: Public Hearing: 01/21/2022 12:00 pm LOB 202-204


Nov. 17, 2021: Introduced 01/05/2022 and referred to Criminal Justice and Public Safety


: To Be Introduced and referred to Criminal Justice and Public Safety