HB1372: relative to prohibiting torture.

HB 1372-FN - AS INTRODUCED

2024 SESSION

24-2359

09/10

HOUSE BILL 1372-FN

AN ACT relative to prohibiting torture.

SPONSORS: Rep. Polozov, Merr. 10; Rep. Granger, Straf. 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a criminal prohibition against torture, which is defined as an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering upon another person within the person's custody or control, other than the pain or suffering incidental to lawful sanctions. This bill is intended to supplement the federal law located at 18 U.S.C. sections 2340, 2340A, and 2340B, which apply to torture committed outside of the United States.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2359

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to prohibiting torture.

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

1 New Section; Criminal Code; Abuse of Office; Torture. Amend RSA 643 by inserting after section 2 the following new section:

643:3 Torture.

I. A person is guilty of a class A felony if that person commits or attempts to commit torture.

II. As used in this section:

(a) "Torture" means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering, other than pain or suffering incidental to lawful sanctions, upon another person within the person's custody or physical control.

(b) "Severe mental pain or suffering" means the prolonged mental harm caused by or resulting from:

(1) The intentional infliction or threatened infliction of severe physical pain or suffering;

(2) The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(3) The withholding, or threatened withholding, of medical treatment or lawful medications calculated to inflict severe physical pain or suffering;

(4) The threat of imminent death; or

(5) The threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality.

2 Effective Date. This act shall take effect January 1, 2025.

LBA

24-2359

11/8/23

HB 1372-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to prohibiting torture.

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

Estimated State Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

Estimated Political Subdivision Impact - Increase / (Decrease)

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/FiscalNotes/JudicialCorrectionalCosts.pdf.

AGENCIES CONTACTED:

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