HB 572-FN - AS INTRODUCED
2003 SESSION
04/10
HOUSE BILL 572-FN
AN ACT relative to criminal non-support.
SPONSORS: Rep. Dumaine, Rock 75; Rep. P. Smith, Rock 75; Rep. Fish, Ches 25
COMMITTEE: Children and Family Law
This bill makes a variety of changes to the statute on criminal non-support and adds a felony level charge for obligors who have a prior conviction for non-support in New Hampshire or another jurisdiction.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03-0547
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to criminal non-support.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Non-Support; Criminal Penalties. Amend RSA 639:4 to read as follows:
639:4 Non-Support.
I. A person is guilty of non-support if such person knowingly fails to provide support which such person is legally obliged to provide and which such person can provide to a spouse, child or other dependent. The fine, if any, shall be paid or applied in whole or in part to the support of such spouse, child or other dependent as the court may direct.
II. In this section, non-support shall be:
(a) A class B felony if the arrearage of support has remained unpaid for a cumulative period of more than [one year;] 6 months.
(b) A class B felony if the amount of the arrearage is more than [$10,000;] $2,500.
(c) A class B felony if the obligor has been previously convicted of non-support under this section or if the obligor has been convicted of a similar criminal nonsupport offense in another state and the arrearage of support in this state has remained unpaid for a cumulative period of more than [one year; or] 6 months.
(d) A class A felony if the obligor has been previously convicted under subparagraphs II(a)-(c) of this section, and is employed in this or another jurisdiction, either full-time or part-time, and earning wages that were unreported for state or federal income tax purposes.
(e) A class A misdemeanor in all other cases.
III. The court shall initiate proceedings to attach the wages of an obligor convicted under any provision of this section.
2 Effective Date. This act shall take effect January 1, 2004.
LBAO
03-0547
1/24/03
HB 572-FN - FISCAL NOTE
AN ACT relative to criminal non-support.
FISCAL IMPACT:
The Departments of Corrections and Health and Human Services, Judicial Council and Judicial Branch indicated this bill will increase state expenditures by an indeterminable amount. The Department of Health and Human Services stated this bill will increase state and county revenue and county expenditures by an indeterminable amount. There will be no fiscal impact on local revenue or expenditures
METHODOLOGY:
The Department of Corrections assumed that no more than two individuals would be sent to the state prison as a result of this bill. The average cost of incarceration is $24,866 per year, therefor, state expenditures would increase by $49,732 beginning in FY 2004.
The Judicial Council stated if a defendant were indigent, the case would first be assigned to the public defender or a contract attorney at a flat rate of $687.50 per felony. If assigned counsel must be used the fee charged is $60/hour with a cap of $3,000. In addition, there may be "services other than counsel" charged to the indigent defense account. The Judicial Council stated the number of cases, the legal representation required, and the number of hours required can not be determined.
The Judicial Branch stated the superior court had 14 felony prosecutions for non-support under RSA 639:4 in calendar year 2001. The Branch expects the bill will increase the number of prosecutions for criminal non-support. In addition, the Judicial Branch is required to initiate wage assignments. The Branch cannot determine the number of additional prosecutions that will result or the additional costs due to the wage assignment requirement.
The Department of Health and Human Services stated there were 7,342 open enforcement cases at the end of FY 2002 that met the current felony provisions. The Department estimated this bill will result in 6,891 additional criminal non-support cases, and require at least two additional Child Support Officers and associated equipment and operating costs. In addition, the United State Marshal's Service charges $1,134 for extradition and transportation
LBAO
03-0547
1/24/03
Page 2
for out-of-state non-support obligors. In 2002, twenty offenders were apprehended and the Department
expects this bill will result in 19 additional extraditions. The Department can not determine the number of additional positions or cases but estimated the additional annual expenditures to be $108,428 for two positions, associated operating costs and fees paid to the US Marshal's office. The Department stated office furnishings for two additional staff would be $13,360. Federal funds would pay for approximately 66% of the costs. The counties would be impacted by the cost to transport and house the non-support obligors and revenue from the state as reimbursement for costs incurred.
The Department of Justice stated this bill will have no fiscal impact on its operations.