HB1338: relative to penalties for violations of the wiretapping law.

HB 1338-FN - AS INTRODUCED

2020 SESSION

20-2475

04/08

HOUSE BILL 1338-FN

AN ACT relative to penalties for violations of the wiretapping law.

SPONSORS: Rep. Abramson, Rock. 20

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the penalty for wiretapping and eavesdropping offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2475

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to penalties for violations of the wiretapping law.

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

1 Wiretapping and Eavesdropping; Interception and Disclosure of Telecommunication or Oral Communications. Amend the introductory paragraph of RSA 570-A:2, I to read as follows:

I. A person is guilty of a class B [felony] misdemeanor if, except as otherwise specifically provided in this chapter or without the consent of all parties to the communication, the person:

2 Wiretapping and Eavesdropping; Prohibitions. Amend the introductory paragraph of RSA 570-A:3, I to read as follows:

I. A person is guilty of a class B [felony] misdemeanor if, except as otherwise specifically provided in this chapter, [he] the person:

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

LBAO

20-2475

10/7/19

HB 1338-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to penalties for violations of the wiretapping law.

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 Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

METHODOLOGY:

This bill changes a penalty from a class B felony to a class B misdemeanor 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 2021

FY 2022

Class B Misdemeanor

$54

$56

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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.

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 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

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.

AGENCIES CONTACTED:

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