CHAPTER 173
SB 143-FN - FINAL VERSION
6/8/99.....1479s
6jan00.....3020h
5/11/00.....3788cofc
5/11/00.....4531eba
2000 SESSION
05/02
SENATE BILL 143-FN
This bill changes the statute of limitations for prosecuting acts of incest when the victim is under age 18, and establishes a maximum and minimum sentence for incest when the victim is under age 18. Defendants under the age of 18 will not be subject to any minimum sentence of imprisonment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6/8/99.....1479s
6jan00.....3020h
5/11/00.....3788cofc
5/11/00.....4531eba
99-0830
05/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to penalties for incest.
Be it Enacted by the Senate and House of Representatives in General Court convened:
173:1 Statute of Limitations. Amend RSA 625:8, III(d) to read as follows:
(d) For any offense under RSA 632-A or for an offense under RSA 639:2, where the victim was under 18 years of age when the alleged offense occurred, within 22 years of the victim's eighteenth birthday.
173:2 Statute of Limitations. Amend RSA 639:2, II to read as follows:
II. In cases of alleged incest where the victim is under the age of 18 when the alleged offense occurred, the statute of limitations shall [not begin to run until the victim reaches the age of 18] run pursuant to RSA 625:8, III(d).
173:3 New Paragraph; Maximum and Minimum Sentences for Incest Involving Victims Under the Age of 16. Amend RSA 639:2 by inserting after paragraph II the following new paragraph:
III. Notwithstanding the provisions of paragraph I, a person convicted of incest where the victim is under the age of 18 shall be sentenced to a maximum sentence which is not to exceed 20 years and a minimum which is not to exceed ½ the maximum. Notwithstanding the provisions of this paragraph, no person under 18 years of age shall be subject to any minimum sentence of imprisonment for a conviction of incest under this section.
173:4 Effective Date. This act shall take effect upon its passage.
(Approved: May 24, 2000)
(Effective Date: May 24, 2000)
LBAO
99-0830
Amended 2/1/00
SB 143 FISCAL NOTE
AN ACT relative to penalties for incest.
FISCAL IMPACT:
The Administrative Office of the Courts (AOC), Judicial Council and the Department of Corrections stated this bill, as amended by the House, may increase state expenditures by an indeterminable amount in FY 2001 and each year thereafter. There will be no impact on county and local expenditures or state, county and local revenues.
METHODOLOGY:
The AOC stated this bill changes the statute of limitations for cases of alleged incest when the victim is under the age of 18. It is not anticipated that this will significantly impact caseload, therefor, it is not anticipated this legislation alone will cause costs to increase.
The Judicial Council is unable to predict the actual number of new cases which may result from this proposed change in the statute of limitations. This bill further establishes a range of mandatory minimum and maximum sentences in any case where the victim is under the age of 18. Generally, the impact of such enhanced sentences is to require a greater level of intensity of the nature and quality of defense. Whenever the "stakes" for a client are raised to high levels, more cases go to trial, and with a fixed sentence prescribed in the statute, the prosecution is less likely to offer a plea bargain in advance of the trial. Calculation of the fiscal impact is based upon the assumption that the standard contract rate of $687.50 will be applied when either the public defender or contract attorneys are assigned to handle the case. It can be anticipated that the case may warrant additional compensation in the award of extraordinary credit under the contract attorney program due to the increased number of hours involved. If there are a significant number of these cases being prosecuted, the likely result will be a limited ability on the part of the public defender or contract attorneys to handle more cases, resulting in more cases taken by the assigned counsel. The assigned counsel is paid at the hourly rate of $60, with a fee cap of $3,000, however, it is likely that the fee cap will be exceeded and approved by the court. There may be additional costs from "services other than counsel".
The Department of Corrections is unable to predict how many, if any, individuals would be incarcerated as a result of this legislation. The average cost of incarceration for FY 1999 was $19,358 per inmate. The average cost of probation/parole supervision was $842.
The Department of Justice has stated that this bill will have no fiscal impact on the Department.