SB 468-FN - AS INTRODUCED
2020 SESSION
20-2761
04/05
SENATE BILL 468-FN
AN ACT relative to prohibited sexual contact involving persons in a position of authority.
SPONSORS: Sen. Bradley, Dist 3; Sen. Ward, Dist 8; Sen. Gray, Dist 6; Sen. Rosenwald, Dist 13; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Starr, Dist 1; Sen. French, Dist 7; Sen. Reagan, Dist 17; Sen. Giuda, Dist 2; Sen. Birdsell, Dist 19; Sen. Chandley, Dist 11; Rep. Burroughs, Carr. 1; Rep. B. Griffin, Hills. 6
COMMITTEE: Judiciary
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ANALYSIS
This bill amends the circumstances that constitute sexual contact by a person in a position of authority for the purpose of sexual assault.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2761
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to prohibited sexual contact involving persons in a position of authority.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(k) to read as follows:
(k) When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim [and uses this authority to coerce the victim to submit].
2 Felonious Sexual Assault. Amend RSA 632-A:3, III to read as follows:
III. Engages in sexual contact with a person:
(a) Other than his or her legal spouse who is under 13 years of age; or
(b) Between 13 and 17 years of age when the actor is in a position of authority over the victim.
3 Felonious Sexual Assault. Amend RSA 632-A:3, IV(c) to read as follows:
(c) For the purpose of this paragraph, "sexual contact" means the intentional touching whether directly, through clothing, or otherwise, of the [person's] victim's or actor's sexual or intimate parts, including genitalia, emissions, tongue, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification [of the person in the position of authority, or the humiliation of the person being touched].
4 Sexual Assault. Amend RSA 632-A:4, III(c) to read as follows:
(c) For the purpose of this paragraph, "sexual contact" means the intentional touching whether directly, through clothing, or otherwise, of the [person's] victim's or actor's sexual or intimate parts, including genitalia, emissions,tongue, anus, breasts, and buttocks, where such contact, or the causing of such contact, can reasonably be construed as being for the purpose of sexual arousal or gratification [of the person in the position of authority, or the humiliation of the person being touched].
5 Effective Date. This act shall take effect January 1, 2021.
20-2761
11/6/19
SB 468-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to prohibited sexual contact involving persons in a position of authority.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
Estimated Increase / (Decrease)
STATE:
FY 2020
FY 2021
FY 2022
FY 2023
Appropriation
$0
$0
$0
$0
Revenue
$0
$0
$0
$0
Expenditures
$0
Indeterminable Increase
Indeterminable Increase
Indeterminable Increase
Funding Source:
[ X ] General [ ] Education [ ] Highway [ ] Other
COUNTY:
Revenue
$0
$0
$0
$0
Expenditures
$0
Indeterminable Increase
Indeterminable Increase
Indeterminable Increase
METHODOLOGY:
This bill amends the circumstances that constitute sexual contact by a person in a position of authority for the purpose of sexual assault. 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
$300
$314
Routine Criminal Felony Case
$484
$498
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. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.
Judicial Council
Public Defender Program
Has contract with State to provide services.
Has contract with State to provide services.
Contract Attorney – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)
$2,490/Case
$2,490/Case
Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault)
$100/Hour up to $8,000
$100/Hour up to $8,000
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 2019 Average Cost of Incarcerating an Individual
$44,400
$44,400
FY 2019 Annual Marginal Cost of a General Population Inmate
$5,071
$5,071
FY 2019 Average Cost of Supervising an Individual on Parole/Probation
$576
$576
NH Association of Counties
County Prosecution Costs
Indeterminable
Indeterminable
Estimated Average Daily Cost of Incarcerating an Individual
$105 to $120
$105 to $120
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, Judicial Council, Departments of Justice and Corrections, and New Hampshire Association of Counties