HB 129-FN - AS INTRODUCED
2021 SESSION
21-0074
05/04
HOUSE BILL 129-FN
AN ACT prohibiting the installation or use of electronic tracking software.
SPONSORS: Rep. Testerman, Merr. 2
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill prohibits a person from, without consent, installing or activating an application on an
electronic device that can track an individual's proximity to similar equipment or otherwise relay the
individual's location information.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 HB 129-FN - AS INTRODUCED
21-0074
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT prohibiting the installation or use of electronic tracking software.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Electronic Device Location Information; Conditions of Use of Location Information; Proximity
2 Applications. Amend RSA 644-A:4 to read as follows:
3 644-A:4 Conditions of Use of Location Information. No individual or person shall, without
4 consent, place, locate, or install an electronic device on the person or property of another and obtain
5 location information from such electronic device. Nor shall an individual or person, without
6 consent, place, install, or activate an application on an electronic device that can track an
7 individual's proximity to similar equipment or relay an individual's location to a similar
8 device or to a central monitoring station or other similar agency. No such consent shall be
9 required by the parent, foster parent, or legal guardian of a minor, or by the legal guardian for the
10 subject of his or her guardianship, or for persons under house arrest or probation or parole
11 supervision who are issued ankle bracelets.
12 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
21-0074
10/9/20
HB 129-FN- FISCAL NOTE
AS INTRODUCED
AN ACT prohibiting the installation or use of electronic tracking software.
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
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
Funding Source: [ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue $0 $0 $0 $0
Indeterminable Indeterminable Indeterminable
Expenditures $0
Increase Increase Increase
METHODOLOGY:
This bill, which amends RSA 644:A:4, 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 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 Has contract with State to
provide services. provide services.
Contract Attorney – $300/Case $300/Case
Misdemeanor
Assigned Counsel – $60/Hour up to $1,400 $60/Hour up to $1,400
Misdemeanor
 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 $47,691 $47,691
Incarcerating an Individual
FY 2020 Annual Marginal
Cost of a General Population $6,407 $6,407
Inmate
FY 2020 Average Cost of
Supervising an Individual on $584 $584
Parole/Probation
NH Association of Counties
County Prosecution Costs Indeterminable Indeterminable
Estimated Average Daily Cost $105 to $120 $105 to $120
of Incarcerating an Individual
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.
RSA 644-A:6 provides penalties for violation of RSA 644-A. In addition to a class B misdemeanor
penalty, an individual or person who is injured as a result of a violation of this chapter may file a
civil action against a government entity, individual, or person that fails to comply with the
provisions of the chapter. The cost to the Judicial Branch of an average routine civil case in the
superior court in fiscal year 2022 is $526. These numbers do not consider the cost of any appeals
that may be taken following trial.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire
Association of Counties


Statutes affected:
Introduced: 644-A:4
Ought to Pass: 644-A:4
latest version: 644-A:4