Bill Text: NH HB1739 | 2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibiting female genital mutilation.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2018-07-10 - Signed by Governor Sununu 07/02/2018; Chapter 354; Eff. 01/01/2019 [HB1739 Detail]

Download: New_Hampshire-2018-HB1739-Introduced.html

HB 1739-FN - AS INTRODUCED

 

 

2018 SESSION

18-2608

08/04

 

HOUSE BILL 1739-FN

 

AN ACT prohibiting female genital mutilation.

 

SPONSORS: Rep. V. Sullivan, Hills. 16; Rep. Testerman, Merr. 2; Rep. Fraser, Belk. 1; Rep. Murray, Rock. 24; Rep. Pantelakos, Rock. 25; Rep. C. Rice, Merr. 27; Rep. Ebel, Merr. 5

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits female genital mutilation.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2608

08/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT prohibiting female genital mutilation.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Female Genital Mutilation Prohibited.  Amend RSA 632-A by inserting after section 10-c the following new section:

632-A:10-d  Female Genital Mutilation.

I.  A person is guilty a class A felony if:

(a)  The person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora, labia minora, or clitoris of a female minor.

(b)  The parent, guardian, or other person legally responsible or charged with the care or custody of a female minor allows the circumcision, excision, or infibulation, in whole or in part, of such minor’s labia majora, labia minora, or clitoris.

(c)  The person knowingly removes or causes or permits the removal of a female minor from this state for the purpose of circumcising, excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.

II.  It shall not be a defense to prosecution for a violation of this section that the conduct described in paragraph I is required as a matter of custom, ritual, or religious practice, or that the minor on whom it is performed, or the minor’s parent or legal guardian, consented to the procedure.

III.  If the action described in paragraph I is performed by a licensed physician during a surgical procedure, it shall not be a violation of this section if:

(a)  The procedure is necessary to the physical health of the minor on whom it is performed; or

(b)  The procedure is performed on a minor who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth.

2  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2608

11/16/17

 

HB 1739-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting female genital mutilation.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill contains a penalty of a class A felony 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.  The Judicial Branch would treat this as a complex criminal case.  The entities impacted have provided the potential costs associated with these penalties below.

 

Judicial Branch

FY 2019

FY 2020

Complex Criminal Case

$891

$916

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.  

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 2017 Average Cost of Incarcerating an Individual

$36,960

$36,960

FY 2017 Annual Marginal Cost of a General Population Inmate

$4,555

$4,555

FY 2017 Average Cost of Supervising an Individual on Parole/Probation

$557

$557

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

 

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

 

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