HB1426: requiring persons convicted of nonconsensual dissemination of private sexual images to register as a sexual offender.

HB 1426-FN - AS INTRODUCED

2018 SESSION

18-2454

04/10

HOUSE BILL 1426-FN

AN ACT requiring persons convicted of nonconsensual dissemination of private sexual images to register as a sexual offender.

SPONSORS: Rep. Dean-Bailey, Rock. 32; Rep. Lang, Belk. 4; Rep. Baldasaro, Rock. 5; Rep. L. Ober, Hills. 37; Rep. Morrison, Rock. 9

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires a person convicted of nonconsensual dissemination of private sexual images to register as a sexual offender.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2454

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT requiring persons convicted of nonconsensual dissemination of private sexual images to register as a sexual offender.

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

1 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, V to read as follows:

(a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA 632-A:4, I(a) or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; nonconsensual dissemination of private sexual images, RSA 644:9-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.

2 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, VII(a) to read as follows:

(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA 632-A:4, I(a) or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA 644:9, I(a) or RSA 644:9, III-a; nonconsensual dissemination of private sexual images, RSA 644:9-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.

3 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, VIII(a) to read as follows:

(a) RSA 632-A:4, I(a); RSA 632-A:4, I(b); RSA 632-A:4, III; RSA 644:9, I(a); RSA 644:9, III-a; RSA 644:9-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.

4 Nonconsensual Dissemination of Private Sexual Images. Amend RSA 644:9-a, VI to read as follows:

VI. Any person who violates the provisions of this section shall be guilty of a class B felony and shall be required to register pursuant to RSA 651-B.

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

LBAO

18-2454

10/27/17

HB 1426-FN- FISCAL NOTE

AS INTRODUCED

AN ACT requiring persons convicted of nonconsensual dissemination of private sexual images to register as a sexual offender.

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ X ] Other - Criminal Records Fund

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

LOCAL:

Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill requires a person convicted of nonconsensual dissemination of private sexual images to register as a sexual offender for a 10-year period. Offenders would be required to pay a $50 annual fee to the state of which 20%, or $10, would go back to the local jurisdiction.

The Department of Safety indicates state revenue would increase minimally, though the exact number of registrants is unknown at this time. Additional time would be required from registry staff and local agencies to maintain registrations, however this could be accomplished in the course of regular business. There is no impact on state expenses.

The New Hampshire Municipal Association states this would require persons convicted of non consensual dissemination of private sexual images to register as a sexual offender with the local law enforcement agency where a person lives or works, but it is unlikely to have a significant impact on municipal revenues or expenditures.

The Judicial Branch identified a potential fiscal impact associated with the prosecution of additional criminal offenses for failure to register. Negligently failing to register pursuant to RSA 651-B:9, I is a misdemeanor. The penalty for knowingly failing to register pursuant to RSA 651-B:9, II is a class B felony, treated as an average routine criminal felony. 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 2019

FY 2020

Class B Misdemeanor

$50

$51

Class A Misdemeanor

$72

$73

Routine Criminal Felony Case

$457

$462

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.

Contract Attorney – Felony

$825/Case

$825/Case

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

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%).

Department of Corrections

FY 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

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:

Department of Safety, New Hampshire Municipal Association, and Judicial Branch