SB 267-FN - VERSION ADOPTED BY BOTH BODIES
03/06/2025 0713s
22May2025... 2330h
2025 SESSION
25-1117
09/08
SENATE BILL 267-FN
AN ACT relative to the penalty for engaging in prostitution as a patron.
SPONSORS: Sen. Fenton, Dist 10; Sen. Long, Dist 20; Sen. Prentiss, Dist 5; Rep. N. Murphy, Hills. 12
COMMITTEE: Judiciary
-----------------------------------------------------------------
AMENDED ANALYSIS
This bill establishes a mandatory $500 fine for engaging in prostitution as a patron, in addition to any other penalty, and directs that the funds are to be forwarded to the department of justice for the purposes of funding the New Hampshire human trafficking collaborative task force.
This bill also enhances the penalty for paying, agreeing to pay, or offering to pay another person to engage in sexual contact or penetration with the payor or another person from a misdemeanor to a class A misdemeanor.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/2025 0713s
22May2025... 2330h 25-1117
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the penalty for engaging in prostitution as a patron.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Prostitution and Related Offenses. Amend RSA 645:2 by inserting after paragraph IX the following new paragraph:
X. In addition to any other penalty authorized by law, the court shall levy a fine of $500 for each conviction under this section where the court finds that the defendant engaged in prostitution as a patron. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this paragraph shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. The clerk shall forward all fines collected under this paragraph to the department of justice for the purposes of funding the New Hampshire human trafficking collaborative task force.
2 New Paragraph; Prostitution and Related Offenses. Amend RSA 645:2 by inserting after paragraph I the following new paragraph:
I-a. A person is guilty of a class A misdemeanor if the person 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.
3 Prostitution and Related Offenses; Cross-Reference Amended. Amend the introductory paragraph of RSA 645:2, II to read as follows:
II. A person is guilty of a class B felony if such person violates the provisions of subparagraphs (b), (c), (d), or (e)[, or (f)] of paragraph I or the provision of paragraph I-a and the violation:
4 Repeal. RSA 645:2, I(f), relative to misdemeanor offense for paying, agreeing to pay, or offering to pay for sexual contact or penetration, is repealed.
5 Effective Date. This act shall take effect January 1, 2026.
25-1117
3/7/25
SB 267-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2025-0713s)
AN ACT relative to the penalty for engaging in prostitution as a patron.
FISCAL IMPACT:
|
| |||||
Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
| Date | Amendment |
|---|---|
| March 5, 2025 | 2025-0713s |
| May 21, 2025 | 2025-2330h |
| Date | Body | Type |
|---|---|---|
| Feb. 20, 2025 | Senate | Hearing |
| March 6, 2025 | Senate | Floor Vote |
| April 11, 2025 | House | Hearing |
| April 23, 2025 | House | Exec Session |
| April 25, 2025 | House | Exec Session |
| April 30, 2025 | House | Floor Vote |
June 12, 2025: Sen. Gannon Moved to Concur with the House Amendment, MA, VV; 06/12/2025; SJ 16
May 22, 2025: Ought to Pass with Amendment 2025-2330h: MA RC 292-72 05/22/2025 HJ 15
May 22, 2025: FLAM # 2025-2330h (Rep. Rhodes): AA VV 05/22/2025 HJ 15
May 22, 2025: Lay SB267 on Table (Rep. Harrington): MF RC 110-253 05/22/2025 HJ 15
May 14, 2025: Minority Committee Report: Inexpedient to Legislate
May 14, 2025: Majority Committee Report: Ought to Pass 04/30/2025 (Vote 14-2; RC)
April 14, 2025: ==CANCELLED== Executive Session: 04/25/2025 10:00 am LOB 202-204
April 14, 2025: ==RECESSED== Executive Session: 04/23/2025 11:00 am LOB 202-204
April 1, 2025: Public Hearing: 04/11/2025 01:30 pm LOB 202-204
March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Criminal Justice and Public Safety HJ 11 P. 113
March 6, 2025: Ought to Pass with Amendment #2025-0713s, MA, VV; OT3rdg; 03/06/2025; SJ 6
March 6, 2025: Sen. Abbas Floor Amendment # 2025-0713s, AA, VV; 03/06/2025; SJ 6
Feb. 21, 2025: Committee Report: Ought to Pass, 03/06/2025, Vote 4-0; SC 11
Feb. 12, 2025: Hearing: 02/20/2025, Room 100, SH, 01:00 pm; SC 10
Jan. 23, 2025: Introduced 01/09/2025 and Referred to Judiciary; SJ 3