SB98: eliminating the statute of limitations on sexual assault.

SB 98-FN - AS INTRODUCED

2017 SESSION

17-0939

04/10

SENATE BILL 98-FN

AN ACT eliminating the statute of limitations on sexual assault.

SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Bradley, Dist 3; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Gannon, Dist 23; Sen. Hennessey, Dist 5; Sen. Innis, Dist 24; Sen. Kahn, Dist 10; Sen. Lasky, Dist 13; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Pantelakos, Rock. 25; Rep. Wall, Straf. 6; Rep. Oxenham, Sull. 1

COMMITTEE: Judiciary

ANALYSIS

This bill eliminates the limitation on prosecuting sexual assault and incest cases.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0939

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT eliminating the statute of limitations on sexual assault.

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

1 Criminal Code; Limitations. Amend RSA 625:8, III(d) to read as follows:

(d) [For] Any offense under RSA 632-A or [for] an offense under RSA 639:2[, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday] may be prosecuted at any time.

2 Effective Date. This act shall take effect January 1, 2018.

LBAO 17-0939

1/20/17

SB 98-FN- FISCAL NOTE

as introduced

AN ACT eliminating the statute of limitations on sexual assault.

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

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

METHODOLOGY:

This bill eliminates the statute of limitations on sexual assault, RSA 632-A, and on incest, RSA 639:2. Consequently, this bill could result in additional prosecutions of those crimes which may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many additional 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 2018

FY 2019

Class B Misdemeanor

$49

$50

Class A Misdemeanor

$71

$72

Routine Criminal Felony Case

$451

$456

Complex Criminal Felony Case

$882

$888

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2018 and FY 2019 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 1

$2,282/Case

$2,282/Case

Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)

$100/Hour up to $8,000

$100/Hour up to $8,000

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

Investigator Costs

$65-$100/Hour

$65-$100/Hour

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%).

* The Council’s budget request for the FY 2018-19 biennium includes an increase to $300 per case for contract attorney misdemeanor cases.

Department of Corrections

FY 2016 Average Cost of Incarcerating an Individual

$35,832

$35,832

FY 2016 Average Cost of Supervising an Individual on Parole/Probation

$573

$573

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 it would not be involved in prosecutions or investigations resulting from this bill. Appeals from conviction for sexual assault or incest would be handled by the Department but could be absorbed within its existing budget.

AGENCIES CONTACTED:

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