HB1133: relative to violations of constitutional rights

HB 1133-FN - AS INTRODUCED

2020 SESSION

20-2118

06/04

HOUSE BILL 1133-FN

AN ACT relative to violations of constitutional rights.

SPONSORS: Rep. Comeau, Carr. 5; Rep. Burt, Hills. 39; Sen. Reagan, Dist 17

COMMITTEE: Judiciary

ANALYSIS

This bill prohibits interference with a person's constitutional rights.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2118

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to violations of constitutional rights.

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

1 New Section; Actions; Violations of Constitutional Rights. Amend RSA 507 by inserting after section 6 the following new section:

507:6-a Violation of Constitutional Rights. No person, whether or not acting under color of law, including all unelected appointed corporate employees or officers, shall by force or threat of force, or by silence and/or nonfeasance, injure, intimidate, oppress, coerce, or otherwise hinder any inhabitant of this republic in the free exercise or enjoyment of any right or privilege secured and guaranteed by the constitution or statutes of New Hampshire, or by the laws of the United States as expressed in Article Six of the United States Constitution. Anyone convicted of violating this provision shall be fined not more than $10,000 or imprisoned for one year or both; and if bodily injury results, shall be punished by a fine of not more than $100,000 or by imprisonment for 10 years. The penalty imposed by RSA 92:2 shall be enforced as the violation of this provision will be a breach of oath and fiduciary duty and a trespass on the rights of the inhabitant.

2 Effective Date. This act shall take effect January 1, 2021.

LBAO

20-2118

10/4/19

HB 1133-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to violations of constitutional rights

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

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill prohibits persons from threatening, "or by silence and/or nonfeasance, injure, intimidate, oppress, coerce or otherwise hinder" another person in the free exercise or enjoyment of any right or privilege guaranteed under the constitution or laws of the State of New Hampshire or Article Six of the U.S. Constitution. The bill contains penalties of up to $100,000 or imprisonment of up to 10 years. There is no designation of violation, misdemeanor or felony. These penalties may have an impact on the New Hampshire correctional system. 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.

Department of Corrections

FY 2021

FY 2022

FY 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

AGENCIES CONTACTED:

Department of Corrections and New Hampshire Association of Counties