HB1067: relative to limitations on prosecution for first degree assault.

HB 1067-FN - AS AMENDED BY THE HOUSE

15Mar2022... 0168h

2022 SESSION

22-2062

04/10

HOUSE BILL 1067-FN

AN ACT relative to limitations on prosecution for first degree and second degree assault.

SPONSORS: Rep. Abramson, Rock. 37

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill establishes a statute of limitation on actions brought for first degree and second degree assaults where the victim was under 18 years of age.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2022... 0168h 22-2062

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to limitations on prosecution for first degree and second degree assault.

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

1 New Subparagraphs; Criminal Code; Limitations. Amend RSA 625:8, III by inserting after subparagraph (i) the following new subparagraphs:

(j) For any offense under RSA 631:1, where the victim was under 18 years of age when the alleged offense occurred, within 6 years of the victim’s eighteenth birthday.

(k) For any offense under RSA 631:2, where the victim was under 18 years of age when the alleged offense occurred, within 6 years of the date the offense was committed or within 3 years of the victim’s eighteenth birthday, whichever is greater.

2 Effective Date. This act shall take effect January 1, 2023.

LBA

22-2062

Amended 3/17/22

HB 1067-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2022-0168h)

AN ACT relative to limitations on prosecution for first degree assault.

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

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

METHODOLOGY:

This bill establishes a limitations on actions brought for first degree and second degree assaults. The 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 Council

FY 2022

FY 2023

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. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake to new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments.

Department of Corrections

FY 2022

FY 2023

FY 2021 Average Cost of Incarcerating an Individual

$54,386

$54,386

FY 2021 Annual Marginal Cost of a General Population Inmate

$5,715

$5,715

FY 2021 Average Cost of Supervising an Individual on Parole/Probation

$603

$603

NH Association of Counties

FY 2022

FY 2023

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $125

$105 to $125

This bill contains penalties that will have an indeterminable impact on the Judicial Branch system. 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. In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation. The per case data on costs for routine criminal cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times for processing average routine criminal cases that are more than fifteen years old so the data does not have current validity. A new case study is being conducted and updated estimates will be available in the future.

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 may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.

AGENCIES CONTACTED:

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