HB 129-FN - AS INTRODUCED

 

 

2021 SESSION

21-0074

05/04

 

HOUSE BILL 129-FN

 

AN ACT prohibiting the installation or use  of electronic tracking software.

 

SPONSORS: Rep. Testerman, Merr. 2

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill prohibits a person from, without consent, installing or activating an application on an  electronic device that can track an individual's proximity to similar equipment or otherwise relay the individual's location information.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0074

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT prohibiting the installation or use  of electronic tracking software.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Electronic Device Location Information; Conditions of Use of Location Information; Proximity Applications.  Amend RSA 644-A:4 to read as follows:

644-A:4 Conditions of Use of Location Information. No individual or person shall, without consent, place, locate, or install an electronic device on the person or property of another and obtain location information from such electronic device. Nor shall an individual or person, without consent, place, install, or activate an application on an electronic device that can track an individual's proximity to similar equipment or relay an individual's location to a similar device or to a central monitoring station or other similar agency. No such consent shall be required by the parent, foster parent, or legal guardian of a minor, or by the legal guardian for the subject of his or her guardianship, or for persons under house arrest or probation or parole supervision who are issued ankle bracelets.

2  Effective Date.  This act shall take effect January 1, 2022.

 

LBA

21-0074

10/9/20

 

HB 129-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT prohibiting the installation or use  of electronic tracking software.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2021

FY 2022

FY 2023

FY 2024

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

METHODOLOGY:

This bill, which amends RSA 644:A:4, contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  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 entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2021

FY 2022

Class B Misdemeanor

$55

$55

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 are based on data that is more than ten 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

$300/Case

$300/Case

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

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%).

Department of Corrections

 

 

FY 2020 Average Cost of Incarcerating an Individual

$47,691

$47,691

FY 2020 Annual Marginal Cost of a General Population Inmate

$6,407

$6,407

FY 2020 Average Cost of Supervising an Individual on Parole/Probation

$584

$584

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

RSA 644-A:6 provides penalties for violation of RSA 644-A.   In addition to a class B misdemeanor penalty, an individual or person who is injured as a result of a violation of this chapter may file a civil action against a government entity, individual, or person that fails to comply with the provisions of the chapter.   The cost to the Judicial Branch of an average routine civil case in the superior court in fiscal year 2022 is $526.   These numbers do not consider the cost of any appeals that may be taken following trial.  

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties