Bill Text: NH HB1137 | 2024 | Regular Session | Introduced
Bill Title: Relative to trafficking offences and special restitution for human trafficking victims
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced) 2024-02-08 - Inexpedient to Legislate: Motion Adopted Voice Vote 02/08/2024 House Journal 4 P. 4 [HB1137 Detail]
Download: New_Hampshire-2024-HB1137-Introduced.html
HB 1137-FN - AS INTRODUCED
2024 SESSION
24-2787
11/08
HOUSE BILL 1137-FN
AN ACT relative to trafficking offences and special restitution for human trafficking victims.
SPONSORS: Rep. Massimilla, Graf. 1; Rep. DiSilvestro, Hills. 17; Rep. Baroody, Hills. 39; Rep. Merchant, Sull. 6; Rep. Rochefort, Graf. 1
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill mandates special restitution for human trafficking victims and adds actions of sharing digital images to the offense of trafficking.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2787
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to trafficking offences and special restitution for human trafficking victims
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Sharing Nude or Sexual Images of Trafficked Persons. Amend RSA 633:7, I(a) by inserting after subparagraph (11) the following new subparagraph:
(12) Sharing or threatening to share any digital or other image of a natural person where the trafficker makes the victim believe that posing for the recording of their image is normal or that they have no choice but to submit to the recording, A person is trafficked according to this subparagraph if the person disseminating the image shares or threatens to share such image for monetary gain or to procure the victim's continued participation, loyalty, silence, embarrassment, shame, or denial in any matter.
2 New Paragraph; Trafficked Persons; Plea to Replaced Charge. Amend RSA 633:7 by inserting after paragraph I-a the following new paragraph:
I-b. Any defendant originally charged with a violation of RSA 633:7, I(a)(12), who subsequently enters into a plea bargain whereby the charge is replaced by a charge under RSA 649-A:3, 649-A:3-a, or 649-A:3-b, restitution shall be determined under RSA 633:10.
3 Restitution for Trafficked Persons. Amend RSA 633:10 to read as follows:
633:10 Restitution and Compensation.
I. A person convicted under this section shall be ordered by the court to pay restitution to the victim. Such restitution may include but not be limited to:
(a) Any economic loss compensable under RSA 651:62, in accordance with the provisions of RSA 651:61-a through RSA 651:67; and
(b) The greater of the gross income or value to the defendant of the victim’s services or labor or the value of the victim's labor as guaranteed under the minimum wage law and overtime provisions of the Fair Labor Standards Act or the state minimum wage law, whichever is greater.
II. To the extent not included in economic loss that is compensable under paragraph I, the court may also order a person convicted under this section to pay compensation as follows:
(a) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation and costs of devices or equipment related to physical, psychiatric and psychological care or well-being, at the court's discretion;
(b) Costs of necessary transportation, temporary housing, and child care, at the court's discretion;
(c) Return of property, cost of damage to property, or full value of property if lost, destroyed, or damaged beyond repair;
(d) Expenses incurred by a victim and any household members or other family members in relocating away from the defendant or his or her associates, including, but not limited to, deposits for utilities and telephone service, deposits for rental housing, temporary lodging and food expenses, clothing, and personal items; and
(e) Any and all other losses suffered by the victim as a result of an offense under this section.
III. The return of the victim to her or his home country or other absence of the victim from the jurisdiction shall not relieve the defendant of his or her restitution obligation.
IV. Except as otherwise provided in this section, the provisions of RSA 651:61-a through RSA 651:67 shall govern all restitution and compensation orders.
4 Effective Date. This act shall take effect January 1, 2025.
24-2787
10/20/23
HB 1137-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to mandating special restitution for human trafficking victims.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association
