HB493: establishing a criminal penalty for an assault committed against a person who is conveying public health or safety guidance or requirements during a declared state of emergency.

HB 493-FN - AS INTRODUCED

2021 SESSION

21-0784

04/11

HOUSE BILL 493-FN

AN ACT establishing a criminal penalty for an assault committed against a person who is conveying public health or safety guidance or requirements during a declared state of emergency.

SPONSORS: Rep. Schultz, Merr. 18; Rep. Horrigan, Straf. 6; Rep. Kenney, Straf. 6; Rep. Knirk, Carr. 3; Rep. Mann, Ches. 2; Rep. Grassie, Straf. 11; Rep. Bouchard, Hills. 11; Rep. Stevens, Hills. 34

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a criminal penalty for the assault of another person who is relaying public heath or safety guidance or requirements during a declared state of emergency.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0784

04/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty One

AN ACT establishing a criminal penalty for an assault committed against a person who is conveying public health or safety guidance or requirements during a declared state of emergency.

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

1 New Paragraph; Second Degree Assault. Amend RSA 631:2 by inserting after paragraph I the following new paragraph:

I-a. A person is guilty of a class B misdemeanor if such person assaults, threatens to assault, or refuses to comply with another who the actor knows to be:

(a) A person who, as part of his or her employment duties, is relaying directions for health care or safety from his or her supervisor or employer or relaying health or safety guidelines, recommendations, regulations, or rules from a federal, state, or local public health agency or health or safety requirements contained in a state of emergency declared by the federal, state, or local government; and

(b) The act occurs during a state of emergency declared by the governor due to a public health emergency and for a period of 6 months after such declaration.

2 Effective Date. This act shall take effect January 1, 2022.

LBA

21-0784

12/31/20

HB 493-FN- FISCAL NOTE

AS INTRODUCED

AN ACT establishing a criminal penalty for an assault committed against a person who is conveying public health or safety guidance or requirements during a declared state of emergency.

FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

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 an assault committed against a person who is conveying public health or safety guidance during a declared state of emergency. 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 B Misdemeanor

$55

$55

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 2020 Average Cost of Incarcerating an Individual

$47,691

$47,691

FY 2020 Annual Marginal Cost of a General Population Inmate

$6,407

$6,407

FY 2020 Average Cost of Supervising an Individual on Parole/Probation

$584

$584

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