23Feb2005… 0286h

2005 SESSION

05-0461

04/10

HOUSE BILL 439

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill amends the provisions for registration of criminal offenders by requiring any person convicted of a qualifying offense, or found not guilty of such offense by reason of insanity, to register as a criminal offender.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23Feb2005… 0286h

05-0461

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

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

214:1 Registration of Criminal Offenders; Definitions. The introductory paragraph of RSA 651-B:1, III is repealed and reenacted to read as follows:

III. “Sexual offender” means a person who is required to register as a result of any violation or attempted violation of:

214:2 Registration of Criminal Offenders; Definitions. Amend the introductory paragraph to RSA 651-B:1, V to read as follows

V. “Offender against children” means a person who [has been convicted] is required to register as a result of any violation or attempted violation of:

214:3 New Paragraph; Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1 by inserting after paragraph VI the following new paragraph:

VII. “Required to register” means that a sexual offender or offender against children was charged with an offense or an attempt to commit an offense listed in this chapter that resulted in one of the following outcomes:

(a) Conviction for the offense; or

(b) A finding of not guilty by reason of insanity.

214:4 Registration of Criminal Offenders; Release of Certain Sexual Offenders into the Community. Amend RSA 651-B:3, I to read as follows:

I. Upon release of any sexual offender or offender against children [after conviction] required to register, whether on probation, parole, conditional or unconditional release, completion of sentence, release from secure psychiatric care, or for any other reason, the official in charge of such release shall notify the offender of the offender's duty to report under this chapter. The offender shall acknowledge in writing that he has received such notice. The official shall obtain the address at which the offender expects to reside upon release and shall report such address to the department. The department shall inform the local law enforcement agency where the offender expects to reside. The division shall enter the information concerning the offender's release and notification in the LENS system.

214:5 Registration of Criminal Offenders; Duty to Report. Amend RSA 651-B:4, I(a)(1) to read as follows:

(1) Any person required to be registered under this chapter shall report such person’s current mailing address, place of residence or temporary domicile, and place of employment or schooling to the local law enforcement agency within 30 days after the person’s release [from custody following conviction,] as required under RSA 651-B:3 or within 30 days after the person’s date of establishment of residence in New Hampshire if [convicted elsewhere] the person is required to register as a result of an offense committed in another jurisdiction. Such report shall also be made annually within 30 days after each anniversary of the person’s date of birth and additionally within 30 days after any change of address or place of residence.

214:6 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6 to read as follows:

651-B:6 Duration of Registration.

I. Any sexual offender [convicted] required to register as a result of a violation or attempted violation of RSA 632-A:2, 632-A:3, or 645:1, III, and any offender against children [convicted] required to register as a result of a violation or attempted violation of RSA 169-B:41, II, 633:1, 633:2, 639:2, 639:3, III, 645:2, II, 649-A:3, I, 649-B:3, 649-B:4, or 650:2, II, or of an equivalent offense in an out-of-state jurisdiction, shall be registered for life.

II. Any sexual offender [convicted] required to register as a result of a violation or attempted violation of RSA 632-A:4, I(a) or RSA 645:1, II, and any offender against children [convicted] required to register as a result of a violation or attempted violation of RSA 633:3 or 645:2, I, or of an equivalent offense in an out-of-state jurisdiction, shall be registered for a 10-year period from the date of release [following conviction], provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent [conviction] violation or attempted violation of an offense for which the person is required to register.

III. Notwithstanding the provisions of paragraph II, any sexual offender or offender against children who [has been convicted] is required to register as a result of more than one offense listed in RSA 651-B:1, III or RSA 651-B:1, V, or who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b) shall be registered for life.

214:7 Registration of Criminal Offenders; Availability of Information to the Public. Amend RSA 651-B:7, II-III to read as follows:

II.(a) The division shall maintain a separate list of all individuals registered pursuant to this chapter who [have been convicted] are required to register as a result of any violation or attempted violation of one of the following offenses, or of any law of another state or the federal government reasonably equivalent to one of the following offenses:

(1) RSA 632-A:2, I(l).

(2) RSA 632-A:2, II-III.

(3) RSA 632-A:3, II, provided that the age difference between the convicted individual and the victim was more than 3 years at the time of the offense.

(4) RSA 632-A:3, III.

(5) RSA 645:1, II-III.

(6) Any offense described in RSA 651-B:1, V.

(b)(1) The list described in subparagraph (a) shall include:

(A) The name, address, and date of birth of the registered individual.

(B) The offense for which the individual [was convicted] is required to register.

(C) The date and court of the [conviction] adjudication on the offense for which the individual is registered.

(D) Outstanding arrest warrants, and the information listed in subparagraphs (b)(1)(A)-(C), for any sexual offender or offender against children who has not complied with the obligation to register under this chapter.

(E) A photograph or physical description of the individual, if available.

(2) Where such information is available, the list may also include:

(A) The date and court of the individual’s other convictions, if any.

(B) Information on the profile of the victim or victims of the individual’s offense or offenses.

(C) The method of approach utilized by the individual.

(3) In no event shall the list include the identity of any victim.

III. At periodic intervals, not less frequently than once each month, the commissioner of the department of corrections [and], the superintendent of each county department of corrections, and the commissioner of the department of health and human services shall forward to the division a statement identifying every offender who is confined in a facility under their control who [has committed] is required to register as a result of an offense described in subparagraph II(a), and who is eligible at that time for any unsupervised work detail, release into the community following secure psychiatric care, or other assignment which may bring the offender into contact with members of the public. These statements shall include the information set forth in subparagraphs II(b)(1)(A), (B), and (C), and may also include the information set forth in subparagraphs II(b)(2)(A)-(D). In no event shall the statements include the identity of any victim. These statements shall be incorporated by the division into the list maintained under paragraph II.

214:8 Registration of Criminal Offenders; Availability of Information. Amend RSA 651-B:7, VI (a) to read as follows:

(a) Notwithstanding the provisions of this section, any individual required to be registered whose name and information is contained on the list described in subparagraph II(a) and who has been convicted of any violation or attempted violation of RSA 632-A:2, III, or RSA 632-A:3, II provided that the age difference between the convicted individual and the victim was [more than] 3 years or less at the time of the offense, and the person has no prior convictions requiring registration under RSA 651-B:2, may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the public registration requirement contained in RSA 651-B:7. This application shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 10 years after the date of release following conviction. After review of the application, the court may schedule a hearing.

214:9 Registration of Criminal Offenders; Penalty. Amend RSA 651-B:9, I-III to read as follows:

I. A sexual offender or offender against children who is required to register under this chapter and who negligently fails to comply with the requirements of this chapter shall be guilty of a violation.

II. A sexual offender or offender against children who is required to register under this chapter and who knowingly fails to comply with the requirements of this chapter shall be guilty of a misdemeanor.

III. A sexual offender or offender against children previously convicted of a misdemeanor pursuant to paragraph II who is required to register under this chapter and who knowingly fails to comply with the requirements of this chapter shall be guilty of a class B felony.

214:10 Effective Date. This act shall take effect January 1, 2006.

(Approved: July 5, 2005)

(Effective Date: January 1, 2006)

• HB439 at GenCourtMobile

Bill Text Revisions

HB439 Revision: 8890 Date: Jan. 21, 2010, midnight

Docket

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