HB 493-FN - AS INTRODUCED
2021 SESSION
21-0784
04/11
HOUSE BILL 493-FN
AN ACT establishing a criminal penalty for an assault committed against a person who is
conveying public health or safety guidance or requirements during a declared
state of emergency.
SPONSORS: Rep. Schultz, Merr. 18; Rep. Horrigan, Straf. 6; Rep. Kenney, Straf. 6; Rep. Knirk,
Carr. 3; Rep. Mann, Ches. 2; Rep. Grassie, Straf. 11; Rep. Bouchard, Hills. 11;
Rep. Stevens, Hills. 34
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill establishes a criminal penalty for the assault of another person who is relaying public
heath or safety guidance or requirements during a declared state of emergency.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 493-FN - AS INTRODUCED
21-0784
04/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT establishing a criminal penalty for an assault committed against a person who is
conveying public health or safety guidance or requirements during a declared
state of emergency.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Paragraph; Second Degree Assault. Amend RSA 631:2 by inserting after paragraph I the
2 following new paragraph:
3 I-a. A person is guilty of a class B misdemeanor if such person assaults, threatens to assault,
4 or refuses to comply with another who the actor knows to be:
5 (a) A person who, as part of his or her employment duties, is relaying directions for
6 health care or safety from his or her supervisor or employer or relaying health or safety guidelines,
7 recommendations, regulations, or rules from a federal, state, or local public health agency or health
8 or safety requirements contained in a state of emergency declared by the federal, state, or local
9 government; and
10 (b) The act occurs during a state of emergency declared by the governor due to a public
11 health emergency and for a period of 6 months after such declaration.
12 2 Effective Date. This act shall take effect January 1, 2022.
 LBA
21-0784
12/31/20
HB 493-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a criminal penalty for an assault committed against a person who is
conveying public health or safety guidance or requirements during a declared
state of emergency.
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 establishes a criminal penalty for an assault committed against a person who is
conveying public health or safety guidance during a declared state of emergency. This bill
contains a penalty 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.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire
Association of Counties


Statutes affected:
Introduced: 631:2
latest version: 631:2