SB89: relative to the penalties for violation of privacy.

SB 89-FN - AS INTRODUCED

2019 SESSION

19-0596

04/08

SENATE BILL 89-FN

AN ACT relative to the penalties for violation of privacy.

SPONSORS: Sen. Gray, Dist 6; Sen. Watters, Dist 4

COMMITTEE: Judiciary

ANALYSIS

This bill changes the penalty for entering a residential curtilage or other private place and looking into the residence or other private place thereon.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0596

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to the penalties for violation of privacy.

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

1 Violation of Privacy. Amend RSA 644:9, IV to read as follows:

IV. A person is guilty of [a misdemeanor] an offense if such person knowingly enters any residential curtilage, as defined in RSA 627:9, I, or any other private place as defined in paragraph II of this section, without lawful authority and looks into the residential structure thereon or other private place with no legitimate purpose. Any person who violates this paragraph shall be guilty of a misdemeanor for a first offense and a class B felony for a second or subsequent offense.

2 Effective Date. This act shall take effect January 1, 2020.

LBAO

19-0596

12/28/18

SB 89-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the penalties for violation of privacy.

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill changes the penalty for entering a residential curtilage or other private place and looking into the residence or other private place thereon. The penalty for a second or subsequent offense is increased from an unspecified misdemeanor to a class B felony.

This bill contains penalties 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 2020

FY 2021

Class B Misdemeanor

$53

$54

Class A Misdemeanor

$76

$77

Routine Criminal Felony Case

$481

$486

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2020 and FY 2021 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. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.

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 2018 Average Cost of Incarcerating an Individual

$40,615

$40,615

FY 2018 Annual Marginal Cost of a General Population Inmate

$4,620

$4,620

FY 2018 Average Cost of Supervising an Individual on Parole/Probation

$571

$571

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 prosecutions or investigations related to this bill and any appeals would be handled within the current budget.

AGENCIES CONTACTED:

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