HB1495: prohibiting the sale of over-the-counter rape test kits.

HB 1495-FN - AS AMENDED BY THE HOUSE

11Mar2020... 0909h

2020 SESSION

20-2672

05/04

HOUSE BILL 1495-FN

AN ACT prohibiting the sale of over-the-counter rape test kits.

SPONSORS: Rep. Schultz, Merr. 18; Rep. Klein-Knight, Hills. 11; Rep. Knirk, Carr. 3; Rep. Fox, Merr. 23; Rep. Schuett, Merr. 20; Rep. Wazir, Merr. 17; Sen. Hennessey, Dist 5

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill prohibits the sale of over-the-counter rape test kits in New Hampshire.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0909h 20-2672

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT prohibiting the sale of over-the-counter rape test kits.

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

1 New Chapter; Over-the-Counter Rape Test Kit. Amend RSA by inserting after chapter 359-Q the following new chapter:

CHAPTER 359-R

OVER-THE-COUNTER RAPE TEST KIT

359-R:1 Sale of Over-the-Counter Rape Test Kit Prohibited.

I. No person shall sell or offer for sale in the state of New Hampshire an over-the-counter rape test kit. Any person who sells a kit in violation of this section shall be guilty of a violation and shall be fined not more than $1,000 for each offense.

II. In this section, an "over-the-counter rape test kit" means a sexual assault forensic exam kit for sale to members of the public, that allows an individual to independently collect evidence of a sexual assault outside of a hospital or other designated health care setting.

III. Nothing in this section shall affect any right of action under RSA 358-A.

2 Effective Date. This act shall take effect upon its passage.

LBAO

20-2672

Amended 3/20/20

HB 1495-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2020-0909h)

AN ACT prohibiting the sale of over-the-counter rape test kits.

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

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 the sale of over-the-counter rape test kits. The 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

Violation Level Offense

$52

$54

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.

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

The Department of Justice indicates the bill makes the sale of such kits a violation-level offense. The Department of Justice would not be involved in the prosecution of such offenses, which would be handled by county and local prosecutors. Appeals from any convictions would be handled by the Department's Criminal Justice Bureau and could be done within the current budget.

The Department of Safety indicates the potential revenue associated with the $1,000 fine cannot be determined as information on sales of sexual assault kits is not available. Such kits are currently purchased by the Department of Justice and provided free of charge to hospitals and other facilities where evidence may be collected. The Department assumes there would be no impact on the Department's expenditures.

It is assumed this bill will not take effect until FY 2021.

AGENCIES CONTACTED:

Departments of Justice and Safety, Judicial Branch and New Hampshire Association of Counties