SB 140-FN - AS INTRODUCED
2015 SESSION
15-0723
04/03
SENATE BILL 140-FN
AN ACT relative to online harassment by prisoners.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Welch, Rock 13; Rep. Pantelakos, Rock 25
This bill establishes a criminal penalty for a prisoner to use any Internet website to harass another person.
This bill is a request of the department of corrections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15-0723
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT relative to online harassment by prisoners.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Breaches of the Peace; Online Harassment by Prisoners. Amend RSA 644 by inserting after section 21 the following new section:
644:22 Online Harassment by Prisoners. No prisoner incarcerated in a state or county correctional facility or a municipal jail, and no person acting on behalf of such prisoner, shall use any Internet website with a purpose to annoy, abuse, threaten, or alarm another person. Any prisoner or person acting on behalf of a prisoner who violates this section shall be guilty of a misdemeanor, and may be prosecuted in the county in which the prisoner is incarcerated, or the county in which the Internet communication originated or was received.
2 Effective Date. This act shall take effect January 1, 2016.
LBAO
15-0723
01/30/15
SB 140-FN - FISCAL NOTE
AN ACT relative to online harassment by prisoners.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, and New Hampshire Association of Counties state this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2016 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 makes it an unspecified misdemeanor for a prisoner or person acting on behalf of a prisoner to use any internet website with a purpose to annoy, abuse, threaten, or alarm another person. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. 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 Judicial Branch, Judicial Council and New Hampshire Association of Counties have provided the potential costs associated with the penalties contained in this bill, where they can be determined. See table below for average cost information:
FY 2016 |
FY 2017 | |
Judicial Branch* |
|
|
Class B Misdemeanor |
$48 |
$51 |
Class A Misdemeanor |
$69 |
$71 |
Appeals |
Varies |
Varies |
*It should be noted average case cost estimates for FY 2016 and FY 2017 are based on data that is more than nine 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# |
|
|
Public Defender Program |
Has contract with State to provide services. |
Has contract with State to provide services. |
Contract Attorney – Misdemeanor |
$275/Case |
$275/Case |
Assigned Counsel – Misdemeanor |
$60/Hour up to $1,400 |
$60/Hour up to $1,400 |
Services other than Counsel |
Indeterminable |
Indeterminable |
#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%). | ||
NH Association of Counties |
|
|
County Prosecution Costs |
Indeterminable |
Indeterminable |
Estimated Average Cost of Incarcerating an Individual |
$35,000 |
$35,000 |
The Department of Justice states the offenses contained in this bill are typically prosecuted by local or county prosecutors; therefore it will not have a fiscal impact on the Department
The Department of Corrections states this bill has no impact on the Department because misdemeanor offenses do not involve incarceration in excess of a year.