Bill Text - HB214 (2005)

(New Title) permitting the parents of a sexual assault victim to remain with the victim during trial proceedings.


Revision: Jan. 21, 2010, midnight

CHAPTER 148

HB 214 – FINAL VERSION

05/19/05 1396s

2005 SESSION

05-0114

09/01

HOUSE BILL 214

AN ACT permitting the parents of a sexual assault victim to remain with the victim during trial proceedings.

SPONSORS: Rep. Kurk, Hills 7; Rep. Cady, Rock 1; Rep. Boyce, Belk 5

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill permits the parents of a sexual assault victim who is 16 years of age or younger to remain with the victim during the trial, upon recommendation of a court-appointed guardian ad litem.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/19/05 1396s

05-0114

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT permitting the parents of a sexual assault victim to remain with the victim during trial proceedings.

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

148:1 New Paragraph; Sexual Assault; Testimony and Evidence. Amend RSA 632-A:6 by inserting after paragraph IV the following new paragraph:

V. In any sexual assault case under RSA 632-A where the victim is 16 years of age or younger, and the defense has listed as a witness or subpoenaed a parent or parents to testify in the case and requested that the parent or parents be sequestered, the court shall appoint a guardian ad litem to determine the best interests of the minor victim. The guardian ad litem shall make a recommendation to the court, based on the preferences and best interests of the victim, as to whether the parent or parents should be permitted to sit with the victim in the court room during the duration of the trial.

148:2 Effective Date. This act shall take effect January 1, 2006.

(Approved: June 21, 2005)

(Effective Date: January 1, 2006)