SB 267-FN - AS AMENDED BY THE SENATE 03/06/2025 0713s 2025 SESSION 25-1117 09/08 SENATE BILL267-FN AN ACTrelative to the penalty for engaging in prostitution as a patron. SPONSORS:Sen. Fenton, Dist 10; Sen. Long, Dist 20; Sen. Prentiss, Dist 5; Rep. N. Murphy, Hills. 12 COMMITTEE:Judiciary AMENDED ANALYSIS This bill establishes a mandatory $500 fine for engaging in prostitution as a patron, in addition to any other penalty, and directs that the funds are to be forwarded to the department of justice for the purposes of funding the New Hampshire human trafficking collaborative task force. This bill also enhances the penalty for paying, agreeing to pay, or offering to pay another person to engage in sexual contact or penetration with the payor or another person from a misdemeanor to a class A misdemeanor. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type. 03/06/2025 0713s25-1117 09/08 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Five AN ACTrelative to the penalty for engaging in prostitution as a patron. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Prostitution and Related Offenses. Amend RSA 645:2 by inserting after paragraph IX the following new paragraph: X. In addition to any other penalty authorized by law, the court shall levy a fine of $500 for each conviction under this section where the court finds that the defendant engaged in prostitution as a patron. The court shall not reduce or suspend any sentence or the payment of any fine imposed under this paragraph. If the court determines that the defendant is unable to pay the fine on the date imposed, the court may defer payment or order periodic payments thereof. Fines imposed under this paragraph shall not be subject to an additional penalty assessment and shall not be subject to the provisions of RSA 618:8 or 618:9. The clerk shall forward all fines collected under this paragraph to the department of justice for the purposes of funding the New Hampshire human trafficking collaborative task force. 2 New Paragraph; Prostitution and Related Offenses. Amend RSA 645:2 by inserting after paragraph I the following new paragraph: I-a. A person is guilty of a class A misdemeanor if the person pays, agrees to pay, or offers to pay another person to engage in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, with the payor or with another person. 3 Repeal. RSA 645:2, I(f), relative to misdemeanor offense for paying, agreeing to pay, or offering to pay for sexual contact or penetration, is repealed. 4 Effective Date. This act shall take effect January 1, 2026. LBA 25-1117 3/7/25 SB 267-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2025-0713s) AN ACTrelative to the penalty for engaging in prostitution as a patron. FISCAL IMPACT: Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures* Indeterminable Funding Source General Fund Appropriations* $0 $0 $0 $0 Funding Source None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable Estimated State Impact FY 2025 FY 2026 FY 2027 FY 2028 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures* Indeterminable Funding Source General Fund Appropriations* $0 $0 $0 $0 Funding Source None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable METHODOLOGY: This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf AGENCIES CONTACTED: Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association