HB 673-FN – AS INTRODUCED
2005 SESSION
09/10
HOUSE BILL 673-FN
AN ACT making it a felony to knowingly transmit the human immunodeficiency virus or hepatitis to another person.
SPONSORS: Rep. Slocum, Hills 6
COMMITTEE: Criminal Justice and Public Safety
This bill makes it a class B felony to knowingly transmit the human immunodeficiency virus or hepatitis to another person.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0123
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT making it a felony to knowingly transmit the human immunodeficiency virus or hepatitis to another person.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Assault and Related Offenses; Knowing Transmission of HIV or Hepatitis. Amend RSA 631 by inserting after section 8 the following new section:
631:9 Knowing Transmission of Human Immunodeficiency Virus or Hepatitis.
I. In this section, “human immunodeficiency virus” or “HIV” means the virus, or its variants, which are the causative agents of acquired immune deficiency syndrome (AIDS), AIDS-related conditions, and other clinical manifestations.
II. A person who is an HIV or hepatitis infected person shall be guilty of a class B felony if such person, after obtaining knowledge of being infected with HIV or hepatitis:
(a) Knowingly engages in sexual intercourse or performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another person and the HIV or hepatitis infected person does not disclose to the other person the fact of that infected person’s being an HIV or hepatitis infected person prior to that intercourse or sexual act.
(b) Knowingly allows another person to use a hypodermic needle, syringe, or both for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the other person’s body and the needle or syringe so used had been previously used by the HIV or hepatitis infected person for the introduction of drugs or any other substance into or for the withdrawal of body fluids from the HIV or hepatitis infected person’s body and where that infected person does not disclose to the other person the fact of that infected person’s being an HIV or hepatitis infected person prior to such use.
(c) Offers or consents to perform with another person an act of sexual intercourse for money without disclosing to that other person the fact of that infected person’s being an HIV or hepatitis infected person prior to offering or consenting to perform that act of sexual intercourse.
(d) Solicits another person to perform or submit to an act of sodomy for money without disclosing to that other person the fact of that infected person’s being an HIV or hepatitis infected person prior to soliciting the act of sodomy.
(e) Donates blood, blood products, other body fluids, or any body organ or body part without previously disclosing the fact of that infected person’s being an HIV or hepatitis infected person to the person drawing the blood or blood products or the person or entity collecting or storing the other body fluids, body organ, or body part.
(f) By any means, knowingly transmits HIV or hepatitis to any other person without previously disclosing to that other person the fact of that infected person’s being an HIV or hepatitis infected person.
2 Effective Date. This act shall take effect January 1, 2006.
LBAO
05-0123
1/31/05
HB 673-FN - FISCAL NOTE
AN ACT making it a felony to knowingly transmit the human immunodeficiency virus or hepatitis to another person.
FISCAL IMPACT:
The Judicial Branch, Judicial Council and Department of Corrections determined this bill will increase state expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on state, county and local revenue or county and local expenditures.
METHODOLOGY:
The Judicial Branch stated this bill would amend the assault statute, making the knowing transmission of HIV or Hepatitis B a class B felony. This bill spells out the specific acts which are subject to the class B felony penalty. The Judicial Branch has no information on which to estimate how many new class B felony charges will result from this bill. Because of the notoriety that a case brought as a result of this bill would likely bring, even one case may result in an indeterminable increase in expenditures. The cost of a full day’s trial in the superior court, without considering the cost of the jury, is $1,199.92. Adding the cost of preliminary hearings, a jury, time to write a charge to the jury, and for clerical processing would make the cost of a jury trial in excess of $1,500. Given the subject matter of such a trial and publicity that it would generate, the court involved would also have to consider the need for additional security at additional cost. In addition, should a decision be appealed, which in such a case would be extremely likely, several thousand dollars of additional costs would be incurred in judge, law clerk, and staff time at the supreme court. Any fiscal impact to the Judicial Branch will result in increased delays in processing other cases.
The Judicial Council stated this bill is meant to be comprehensive and protective of those with whom the person may have contact, or for those whom the infections must be made known for safety purposes. This is a new charge so there is no historical data upon which to develop assumptions as to the potential fiscal impact of this bill. Therefore the Judicial Council is unable to estimate the potential increase in state expenditures resulting from this bill. The Council assumed that the individual so charged has been determined to be indigent at which time the court will proceed to appoint an attorney to represent the defendant. If the public defender or contract attorney is appointed to the case, the fixed contract rate of $687.50 will apply to each felony B case so charged. If an assigned counsel attorney must be used due to either conflict of interest or for reasons of caseload limitations, the $60 per hour rate will apply to the case, with a fee cap of $3,000 per case. This fee cap may be waived upon motion filed in advance with the court. If there are any “services other than counsel” filed as a necessary part of the defense of a case, they would also be a charge payable from indigent defense funds.
The Department of Justice stated that generally assault offenses are prosecuted by the counties, and only in very rare instances would the Department get involved in prosecuting a case pursuant to this bill. The Department stated any fiscal impact would be insignificant.
The Department of Corrections stated that since the Department is unable to determine the number of individuals that may be sentenced under this bill, they are unable to determine the potential increase in state expenditures. The average annual cost of incarcerating an individual in the general population for the fiscal year ending June 30, 2004 was $27,533.