HB 367-FN – AS INTRODUCED

2015 SESSION

15-0256

04/06

HOUSE BILL 367-FN

AN ACT redefining simple assault.

SPONSORS: Rep. Murphy, Hills 7; Rep. Itse, Rock 10; Rep. C. McGuire, Merr 29; Rep. Beaudoin, Straf 9; Rep. Souza, Hills 43

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill redefines the type of physical contact that constitutes simple assault.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0256

04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT redefining simple assault.

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

1 Simple Assault. Amend RSA 631:2-a to read as follows:

631:2-a Simple Assault.

I. A person is guilty of simple assault if he or she:

(a) Purposely or knowingly causes bodily injury [or unprivileged physical contact] to another; or

(b) Purposely or knowingly causes physical contact with another when the nature of the contact is such that the actor knows or a reasonable person should know that the other person will regard the contact as offensive, threatening, or provocative; or

(c) Engages in unprivileged physical contact with another person, or causes such contact, whether directly, through clothing, or otherwise, where the contact can be reasonably construed as being for the purpose of the actor’s sexual arousal or sexual gratification; or

(d) Recklessly causes bodily injury to another; or

[(c)] (e) Negligently causes bodily injury to another by means of a deadly weapon.

II. Simple assault is a misdemeanor unless committed in a fight entered into by mutual consent, in which case it is a violation.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

15-0256

01/07/15

HB 367-FN - FISCAL NOTE

AN ACT redefining simple assault.

FISCAL IMPACT:

METHODOLOGY:

 

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.

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Cost of Incarcerating an Individual

$35,000

$35,000