HB1627: prohibiting the transmission of images or sounds of another person who is on private property or to conduct surveillance activity.

HB 1627-FN - AS INTRODUCED

2018 SESSION

18-2557

04/05

HOUSE BILL 1627-FN

AN ACT prohibiting the transmission of images or sounds of another person who is on private property or to conduct surveillance activity.

SPONSORS: Rep. Kurk, Hills. 2; Rep. Itse, Rock. 10; Rep. T. Wolf, Hills. 7; Rep. Rouillard, Hills. 6

COMMITTEE: Judiciary

ANALYSIS

This bill establishes penalties for transmitting images or sounds of an individual on private property without consent, or to engage in surveillance of another without consent. The bill also amends one of the criteria used to establish "course of conduct" under the stalking statute.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2557

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen

AN ACT prohibiting the transmission of images or sounds of another person who is on private property or to conduct surveillance activity.

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

1 New Paragraphs; Violation of Privacy. Amend RSA 644:9 by inserting after paragraph IV the following new paragraphs:

IV-a. A person is guilty of a misdemeanor if such person intentionally uses any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting the images or sounds of an identifiable individual on privately-owned real property in which the person does not have a legally recognized interest in violation of such individual’s reasonable expectation of privacy without his or her consent. For purposes of this paragraph, an individual is presumed to have a reasonable expectation of privacy on privately-owned real property if he or she is not observable by individuals located at ground level in a public place where they have a legal right to be, regardless of whether he or she is observable from the air.

IV-b. A person is guilty of a misdemeanor if such person intentionally uses any device to engage in surveillance for financial gain without the consent of the affected individual. For purposes of this paragraph, "surveillance" means the purposeful act of tracking or following, while photographing, taking images of, listening to, or making a recording of an identifiable individual or group of individuals, including their movements, activities, or communications, or motor vehicles identifiable by their license plates. Nothing in this paragraph or section shall be construed to impose liability in connection with lawful news-gathering activity.

2 Interference With Freedom; Stalking. Amend RSA 633:3-a, II(a)(2) to read as follows:

(2) Following, approaching, [or] confronting, photographing, recording, amplifying, broadcasting, or in any way transmitting the images or sounds of the targeted person, or a member of that person's immediate family, or of a motor vehicle in which that person, or a member of that person's immediate family is riding.

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

LBAO

18-2557

11/6/17

HB 1627-FN- FISCAL NOTE

AS INTRODUCED

AN ACT prohibiting the transmission of images or sounds of another person who is on private property or to conduct surveillance activity.

FISCAL IMPACT: [ X ] State [ X ] County [ ] 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 Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

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 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 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

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:

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