HB1354: prohibiting the wearing of a mask while participating in a public demonstration.

HB 1354-FN - AS INTRODUCED

2020 SESSION

20-2583

04/01

HOUSE BILL 1354-FN

AN ACT prohibiting the wearing of a mask while participating in a public demonstration.

SPONSORS: Rep. Testerman, Merr. 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a criminal penalty for masking or disguising one's face while attending or participating in a public demonstration.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2583

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT prohibiting the wearing of a mask while participating in a public demonstration.

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

1 New Section; Breaches of the Peace; Unlawful Face Masking at a Public Demonstration. Amend RSA 644 by inserting after section 2-b the following new section:

644:2-c Unlawful Face Masking at a Public Demonstration.

I. Except as otherwise provided in this section, a person shall be guilty of a class A misdemeanor if such person masks or disguises his or her face in any manner while attending or participating in a public demonstration or activity with the intent to hide his or her identity.

II. This section shall not apply to persons attending or participating in a public demonstration or activity who masks or disguises his or her face for the purpose of a holiday celebration, theatrical performance, occupational safety, law enforcement activity, or religious expression or observance.

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

LBAO

20-2583

10/16/19

HB 1354-FN- FISCAL NOTE

AS INTRODUCED

AN ACT prohibiting the wearing of a mask while participating in a public demonstration.

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 contains a penalty 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 A Misdemeanor

$77

$79

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 – Misdemeanor

$300/Case

$300/Case

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. 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