SB705: (New Title) relative to fraudulent impersonation using a social networking site.

SB 705-FN - AS AMENDED BY THE SENATE

03/12/2020 1045s

2020 SESSION

20-2772

04/05

SENATE BILL 705-FN

AN ACT relative to fraudulent impersonation using a social networking site.

SPONSORS: Sen. Levesque, Dist 12; Sen. Fuller Clark, Dist 21; Sen. Sherman, Dist 24; Sen. Dietsch, Dist 9; Rep. Vail, Hills. 30; Rep. Cushing, Rock. 21

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a criminal penalty for fraudulent impersonation using a social networking site.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/12/2020 1045s 20-2772

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to fraudulent impersonation using a social networking site.

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

1 Identity Fraud; Online Impersonation. Amend RSA 638:26, I(c)-(d) to read as follows:

(c) Obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; [or]

(d) Poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public; or

(e) Without obtaining the other person's consent, and with the intent to mislead, harm, defraud, intimidate, or threaten another person, poses as, or uses the name or other personal information of such person to:

(1) Create a web page on a social networking site or Internet website; or

(2) Post or send one or more messages on or through a social networking site or Internet website, other than on or through an electronic mail program or message board program; or

(3) Posts or transmits an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other personal identifiable information belonging to such person.

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

LBAO

20-2772

Amended 3/24/20

SB 705-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1045s)

AN ACT relative to fraudulent impersonation using a social networking site.

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 establishes a criminal penalty for fraudulent impersonation using a social networking site. 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

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.

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

Assigned Counsel - Felony

$60/hour up to $4,100

$60/hour up to $4,100

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

The Department of Justice indicates it would not be involved in the prosecution of such offenses which would be handled by municipal prosecutors and the county attorneys. Appeals from any convictions of such offenses would be handled by the Criminal Justice Bureau and could bee don within the current budget.

AGENCIES CONTACTED:

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