Bill Text: NH SB439 | 2020 | Regular Session | Amended
Bill Title: Relative to penalties for violations of privacy.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-09-23 - Died on Table [SB439 Detail]
Download: New_Hampshire-2020-SB439-Amended.html
SB 439-FN - AS AMENDED BY THE SENATE
03/11/2020 1050s
2020 SESSION
20-2966
04/10
SENATE BILL 439-FN
AN ACT relative to penalties for violations of privacy.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Giuda, Dist 2; Sen. Bradley, Dist 3; Sen. Cavanaugh, Dist 16
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill amends the penalties for certain nonconsensual violations of privacy.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/11/2020 1050s 20-2966
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to penalties for violations of privacy.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Violation of Privacy. Amend RSA 644:9, I to read as follows:
I. A person is guilty of [a class A misdemeanor if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses]:
(a) A class B felony if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses any device for the purpose of observing, photographing, recording, amplifying, broadcasting, or in any way transmitting images or sounds of the private body parts of a person including the genitalia, buttocks, or female breasts, or a person's body underneath that person's clothing; or
(b) A class A misdemeanor, if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses, in any private place, any device for the purpose of observing, photographing, recording, amplifying, or broadcasting, or in any way transmitting images or sounds in such place; or
(c) A class B misdemeanor, if such person unlawfully and without the consent of the persons entitled to privacy therein, installs or uses, outside a private place, any device for the purpose of hearing, recording, amplifying, broadcasting, observing, or in any way transmitting images, location, movement, or sounds originating in such place which would not ordinarily be audible, visible, or comprehensible outside such place.
2 Effective Date. This act shall take effect January 1, 2021.
20-2966
11/22/19
SB 439-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to penalties for violations of privacy.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
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 |
Class A Misdemeanor | $77 | $79 |
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. | ||
Judicial Council |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $825/Case | $825/Case |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
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 |
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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 |
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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, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties
