Bill Text: NH SB572 | 2020 | Regular Session | Amended
Bill Title: Relative to prohibited sexual contact involving persons in a position of authority.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Engrossed - Dead) 2020-09-23 - Died on Table [SB572 Detail]
Download: New_Hampshire-2020-SB572-Amended.html
SB 572-FN - AS AMENDED BY THE SENATE
03/13/2020 1208s
2020 SESSION
20-2731
04/05
SENATE BILL 572-FN
AN ACT relative to prohibited sexual contact involving persons in a position of authority.
SPONSORS: Sen. Hennessey, Dist 5; Sen. Gray, Dist 6; Sen. Rosenwald, Dist 13; Sen. Fuller Clark, Dist 21; Sen. Feltes, Dist 15; Sen. Starr, Dist 1; Sen. Levesque, Dist 12; Sen. Kahn, Dist 10; Sen. Chandley, Dist 11; Sen. Watters, Dist 4; Sen. Cavanaugh, Dist 16; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Rep. Tanner, Sull. 9
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill inserts a definition of "student" in the sexual assault statutes and 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/13/2020 1208s 20-2731
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 New Paragraph; Sexual Assault and Related Offenses; Definitions. Amend RSA 632-A:1 by inserting after paragraph V the following new paragraph:
V-a. “Student” means an individual who is enrolled or participating in any class or program from preschool through grade 12, or any “adult student” as specified in Ed 1102.01(f)(1) at any school or education institution except as otherwise provided in the department of education administrative rules for the education of children with disabilities.
2 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(n) to read as follows:
(n) When the actor is in a position of authority over the victim and uses this authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has direct supervisory, disciplinary, or other authority authorized by law over, or direct responsibility for maintaining detention of, the victim by virtue of the victim being detained or incarcerated in a correctional institution, the secure psychiatric unit, a juvenile detention facility, or any other setting in which the victim is not free to leave; [or]
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation; or
(3) When the actor is an employee, volunteer, or contractor at a primary or secondary educational institution and is in a position of authority over the victim, who is a student at the same educational institution.
Consent of the victim under any of the circumstances set forth in subparagraph (n) shall not be considered a defense.
3 Felonious Sexual Assault. Amend RSA 632-A:3, IV to read as follows:
IV.(a) Engages in sexual contact with the person, or causes the person to engage in sexual contact on himself or herself in the presence of the actor, when the actor is in a position of authority over the person and uses that authority to coerce the victim to submit under any of the following circumstances:
(1) When the actor has direct supervisory or disciplinary authority over the victim by virtue of the victim being incarcerated in a correctional institution, the secure psychiatric unit, or juvenile detention facility where the actor is employed; [or]
(2) When the actor is a probation or parole officer or a juvenile probation and parole officer who has direct supervisory or disciplinary authority over the victim while the victim is on parole or probation or under juvenile probation; or
(3) When the actor is an employee, volunteer, or contractor at a primary or secondary educational institution and is in a position of authority over the victim, who is a student at the same educational institution.
(b) Consent of the victim under any of the circumstances set forth in this paragraph shall not be considered a defense.
(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 of seminal or vaginal fluid, 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 of seminal or vaginal fluid, 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.
20-2731
Redraft 12/9/19
SB 572-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
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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 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. | ||
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 – 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
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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, Judicial Council, Departments of Justice and Corrections, and New Hampshire Association of Counties