HB1425: relative to simple assault.

HB 1425-FN - AS INTRODUCED

2018 SESSION

18-2350

04/08

HOUSE BILL 1425-FN

AN ACT relative to simple assault.

SPONSORS: Rep. Sapareto, Rock. 6

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that, for the purpose of the simple assault statute, unprivileged physical contact which does not result in harm or injury to another shall be charged as a violation and not a misdemeanor.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2350

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

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 to read as follows:

631:2-a Simple Assault.

I. A person is guilty of a misdemeanor for simple assault if he or she:

(a) Purposely or knowingly causes bodily injury [or unprivileged physical contact] to another; or

(b) Recklessly causes bodily injury to another; or

(c) Negligently causes bodily injury to another by means of a deadly weapon.

II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation. Also, a person is guilty of a violation for simple assault if he or she purposely or knowingly causes unprivileged physical contact to another which does not result in harm or injury. In this paragraph, “harm or injury” means any act which results in physical or emotional pain. Any person found guilty of a violation under this paragraph shall be subject to a fine not to exceed $100 or community service not to exceed 10 hours. Nothing in this paragraph shall be used as a defense by any person who is being prosecuted for an offense under RSA 632-A.

2 Effective Date. This act shall take effect January 1, 2019.

LBAO

18-2350

10/30/17

HB 1425-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to simple assault.

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

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

LOCAL:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

METHODOLOGY:

This bill contains reduces a penalty from a misdemeanor to a violation which 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 change 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 2019

FY 2020

Violation Level Offense

$49

$49

Class B Misdemeanor

$50

$51

Class A Misdemeanor

$72

$73

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2019 and FY 2020 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. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

Judicial Council

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

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. 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%).

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

The Department of Justice states prosecutions or investigations related to this offense are typically handled by county and local prosecutors. Appeals from convictions would be handled by the Criminal Justice Bureau and could be done within the Department’s current budget. Therefore, there would be no fiscal impact to the Department of Justice.

The Department of Corrections indicates there would be no fiscal impact on the Department since terms of incarceration for those found guilty of a misdemeanor are served at county correctional facilities.

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties