HB 405 – AS INTRODUCED
2005 SESSION
09/04
HOUSE BILL 405
AN ACT relative to discovery depositions in criminal cases of persons under 16 years of age.
SPONSORS: Rep. Dumaine, Rock 3; Rep. Hagan, Hills 17; Rep. P. Smith, Rock 3; Rep. Itse, Rock 9
This bill allows a discovery deposition in a criminal case of a victim under 16 years of age if the court finds, by a preponderance of the evidence, that the deposition is necessary to preserve the testimony for trial, to ensure a fair trial, to avoid surprise, or for other good cause shown.
The bill also removes the current prohibition on taking discovery depositions in criminal cases of witnesses who are under 16 years of age.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0596
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to discovery depositions in criminal cases of persons under 16 years of age.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Discovery Depositions in Criminal Cases; Persons Under 16 Years of Age. Amend RSA 517:13, V to read as follows:
V. Notwithstanding this section, no party in a criminal case shall take the discovery deposition of a victim [or witness] who has not achieved the age of 16 years at the time of the deposition, unless permitted by the court pursuant to paragraph II.
2 Effective Date. This act shall take effect January 1, 2006.