Bill Text: NH HB1718 | 2018 | Regular Session | Amended
Bill Title: Relative to surveillance on the public ways of the state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-04-26 - Refer to Interim Study, Motion Adopted, Voice Vote; 04/26/2018; Senate Journal 14 [HB1718 Detail]
Download: New_Hampshire-2018-HB1718-Amended.html
HB 1718-FN - AS AMENDED BY THE HOUSE
22Mar2018... 1115h
2018 SESSION
18-2555
06/01
HOUSE BILL 1718-FN
AN ACT relative to surveillance on the public ways of the state.
SPONSORS: Rep. Kurk, Hills. 2
COMMITTEE: Transportation
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ANALYSIS
This bill modifies the definition of "surveillance" as it pertains to highways. This bill also increases the penalty for a private party who engages in surveillance on highways.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Mar2018... 1115h 18-2555
06/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to surveillance on the public ways of the state.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Highway Video Surveillance Prohibited. Amend RSA 236:130, I and II to read as follows:
I. In this subdivision, "surveillance'' means the act of determining the ownership or location of a motor vehicle or the identity of a motor vehicle's occupants on the public ways of the state or its political subdivisions through the use of a camera or other imaging device or any other device, including but not limited to a transponder, cellular telephone, global positioning satellite, or radio frequency identification device, that by itself or in conjunction with other devices or information can be used to determine the ownership or location of a motor vehicle or the identity of a motor vehicle' s occupants.
II. Neither the state of New Hampshire [nor], its political subdivisions, nor any person shall engage in surveillance on any public ways of the state or its political subdivisions. This prohibition shall not apply to a person engaging in surveillance if:
(a) The person obtains the consent of the owner or lessee of the vehicle; or
(b) The surveillance is by a camera, is limited in time and scope, is for a noncommercial purpose, and does not constitute stalking pursuant to RSA 633:3-a.
2 Highway Video Surveillance Prohibited. Amend RSA 236:130, V to read as follows:
V. Any person violating the provisions of this section shall be guilty of a [violation if a natural person, or guilty of a] misdemeanor[ if any other person].
3 Effective Date. This act shall take effect July 1, 2018.
18-2555
11/15/17
HB 1718-FN- FISCAL NOTE
AS INTRODUCED
AN ACT regulating the use of license plate scanning devices by private parties.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | 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 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill modifies the definition of surveillance, as it pertains to highways, and adds “any person” to the state of New Hampshire and political subdivisions as parties prohibiting in engaging in such activity. This bill also increases the existing penalty from a violation if a natural person and a misdemeanor if any other person, to a misdemeanor for all. This 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 2019 | FY 2020 |
Violation Level Offense | $49 | $49 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Simple Criminal Case | $279 | $284 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 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 |
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Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Misdemeanor | $300/Case | $300/Case |
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%). | ||
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
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.
This bill will have no impact on the Department of Safety or Department of Transportation.
AGENCIES CONTACTED:
Judicial Branch, Department of Justice, Judicial Council, Department of Safety, Department of Transportation, and New Hampshire Association of Counties
