HB 239-FN - AS INTRODUCED
                                              2021 SESSION
                                                                                              21-0185
                                                                                              04/10
HOUSE BILL              239-FN
AN ACT            relative to prosecutions for certain assaults against minors.
SPONSORS:         Rep. Abramson, Rock. 37; Rep. Ankarberg, Straf. 10
COMMITTEE:        Criminal Justice and Public Safety
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                                                ANALYSIS
    This bill changes the statute of limitations for the prosecution of first degree and second degree
assault offenses.
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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                  Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 239-FN - AS INTRODUCED
                                                                                       21-0185
                                                                                       04/10
                                       STATE OF NEW HAMPSHIRE
                             In the Year of Our Lord Two Thousand Twenty One
    AN ACT             relative to prosecutions for certain assaults against minors.
            Be it Enacted by the Senate and House of Representatives in General Court convened:
1      1 New Subparagraph; Criminal Code; Limitations. Amend RSA 625:8, I by inserting after
2   subparagraph (f) the following new subparagraph:
3              (g) Notwithstanding subparagraphs (a) and (b), for any offense under RSA 631:1 or RSA
4   631:2, within 6 years of the victim's eighteenth birthday.
5      2 Effective Date. This act shall take effect January 1, 2022.
                                                                                     LBA
                                                                                     21-0185
                                                                                     12/14/20
                                        HB 239-FN- FISCAL NOTE
                                              AS INTRODUCED
AN ACT              relative to prosecutions for certain assaults against minors.
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 changes the statute of limitations for the prosecution of first degree and second degree
   assault offenses. 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 2021                             FY 2022
  Simple Criminal Case                              $309                                $309
  Routine Criminal Felony Case                      $494                                $494
  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 – Felony                      $825/Case                          $825/Case
  Contract Attorney – Major                      $2,490/Case                         $2,490/Case
 Crimes (aggravated felonious
 sexual assault, felonious
 sexual assault and first
 degree assault)
 Assigned Counsel – Major
 Crimes (aggravated felonious            $100/Hour up to $8,000              $100/Hour up to $8,000
 sexual assault, felonious
 sexual assault and first
 degree assault)
 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. 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.
AGENCIES CONTACTED:
  Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire
  Association of Counties
Statutes affected: Introduced: 625:8
Ought to Pass: 625:8
latest version: 625:8