HB 654-FN – AS INTRODUCED
2007 SESSION
04/10
HOUSE BILL 654-FN
AN ACT prohibiting offenders against children from attending certain activities or events.
SPONSORS: Rep. Crane, Hills 21; Rep. Mooney, Hills 19; Rep. J. Tilton, Merr 6; Sen. Kenney, Dist 3
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits any person who is required to be registered as an offender against children from attending any school-sponsored activity or event in which children under 13 years of age are involved or may be present.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0077
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT prohibiting offenders against children from attending certain activities or events.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Registration of Criminal Offenders; Special Restrictions on Offenders Against Children. Amend RSA 651-B by inserting after section 12 the following new section:
651-B:13 Special Restrictions on Offenders Against Children. No person who is required to be registered as an offender against children for a violation of RSA 632-A:3, III or RSA 632-A:2, II, shall, for the duration of his or her registration requirement, attend any school-sponsored activity or event, or any children’s sporting event, in which children under 13 years of age are involved. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
2 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0077
01/19/07
HB 654-FN - FISCAL NOTE
AN ACT prohibiting offenders against children from attending certain activities or events.
FISCAL IMPACT:
The Judicial Branch and Judicial Council determined this bill may increase state general fund expenditures by an indeterminable amount in FY 2008 and each year thereafter. The New Hampshire Association of Counties determined this bill may increase county expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill will make it an unspecified misdemeanor for one registered as a sex offender against children to attend any school-sponsored activity or event in which children under 13 years of age are involved or may be present. The Branch states the current judicial and clerical cost of a class B misdemeanor is $37 and a class A misdemeanor is $50. Appeals to the Supreme Court and Superior Courts would dramatically increase costs. The Branch states it is unable to determine the increase in cases that may occur under this bill.
The Judicial Council states this bill may result in increased general fund expenditures but is unable to determine the fiscal impact. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,000. The Council also states additional costs could be incurred if an appeal is filed. The public defender and contract attorney rates for Supreme Court appeals are $1,500 per case, with many attorneys seeking permission to exceed the fee cap.
The New Hampshire Association of Counties assumes there will be an increase in county expenditures related to pre-trial detainment and incarceration, but is unable to determine the fiscal impact. The Association indicated the average annual cost to the counties to incarcerate an individual is $22,889.