SB510: (New Title) relative to simple assault.

SB 510-FN - AS AMENDED BY THE SENATE

03/04/04 0500s

2004 SESSION

04-3232

04/01

SENATE BILL 510-FN

AN ACT relative to simple assault.

SPONSORS: Sen. Sapareto, Dist 19; Sen. Barnes, Dist 17; Rep. Wiley, Rock 77; Rep. Morris, Rock 84

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill amends the simple assault statute by requiring an act to be committed with the intent to harm another.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/04/04 0500s

04-3232

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to simple assault.

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

1 Simple Assault. Amend RSA 631:2-a, I (a) to read as follows:

(a) Purposely or knowingly causes bodily injury or unprivileged physical contact to another with the intent to harm; or

2 Effective Date. This act shall take effect January 1, 2005.

LBAO

04-3232

Amended 3/26/04

SB 510 FISCAL NOTE

AN ACT relative to simple assault.

FISCAL IMPACT:

The Judicial Branch and Judicial Council have determined this bill, as amended by the Senate (Amendment #2004-0500s), may decrease state expenditures and the Association of Counties has determined this bill may increase county expenditures by an indeterminable amount in FY 2005 and each year thereafter. There will be no fiscal impact on local expenditures or state, county and local revenues.

METHODOLOGY:

The Judicial Branch states this bill adds the words "with intent to harm" to the statute. The Branch further stated this change may result in a savings to the Judicial Branch if the bill results in fewer simple assault cases being brought because of the addition of the specific intent to harm language. The Judicial Branch has no information on which to determine whether in fact fewer simple assault prosecutions will be brought.

The Judicial Council stated this bill adds a new qualifying element that must be present for the crime to be properly charged. This change may reduce the number of cases brought under simple assault statutes. The Council has no way of predicting the number of cases that will no longer qualify, therefor, any cost savings cannot be predicted.

The Department of Justice states the agency seldom becomes involved in the prosecution of violations concerning simple assault, and it is assumed the agency would continue not to be involved, therefor, the addition of unprivileged physical contact would have a negligible effect on the Department.

The Association of Counties stated this bill expands RSA 631:2 to include new acts as misdemeanors. Misdemeanors create a cost for the county correctional facilities. The direct impact will depend on the number of individuals sentenced, as well as those who are incarcerated pre-trial in a county facility. The average annual cost for counties to incarcerate inmates is $21,634. However, the total exposure to the counties will be determined by the number of individuals convicted and sentenced under this proposed law which cannot be determined at this time.