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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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