HB1594: creating an affirmative defense to violation of a restraining order.

HB 1594-FN - AS INTRODUCED

2020 SESSION

20-2378

04/06

HOUSE BILL 1594-FN

AN ACT creating an affirmative defense to violation of a restraining order.

SPONSORS: Rep. Forsythe, Merr. 8; Rep. Camarota, Hills. 7; Rep. Love, Rock. 6

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill creates an affirmative defense for a defendant who makes contact with the plaintiff at the plaintiff's request.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2378

04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT creating an affirmative defense to violation of a restraining order.

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

1 New Paragraph; Protection of Persons From Domestic Violence; Violation of Protective Order. Amend RSA 173-B:9 by inserting after paragraph III the following new paragraph:

III-a. It shall be an affirmative defense to the charge that the defendant knowingly violated a protective order issued under RSA 173-B:5, VIII-a by having contact with the plaintiff if the contact is the result of the plaintiff initiating or requesting contact with the defendant.

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

LBAO

20-2378

12/3/19

HB 1594-FN- FISCAL NOTE

AS INTRODUCED

AN ACT creating an affirmative defense to violation of a restraining order.

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 creates an affirmative defense for violation of a restraining order for a defendant who makes contact with the plaintiff at the plaintiff's request. This bill affects penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many fewer 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

Class A Misdemeanor

$77

$79

Simple Criminal Case

$300

$314

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.

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

The Judicial Council indicates affirmative defenses must be proved by the defendant by a preponderance of evidence. The Council assumes the bill would not impact the number of cases brought by the state, but could lead to an increase in acquittals. Therefore, the council does not expect the bill will impact indigent defense expenditures.

AGENCIES CONTACTED:

Judicial Branch, Department of Corrections, Judicial Council, and New Hampshire Association of Counties