HB556 (2005) Detail

Requiring registration of drug offenders.


HB 556-FN – AS INTRODUCED

2005 SESSION

05-0750

04/09

HOUSE BILL 556-FN

AN ACT requiring registration of drug offenders.

SPONSORS: Rep. Hinkle, Hills 19; Rep. Drisko, Hills 5; Rep. Mooney, Hills 19; Sen. Roberge, Dist 9

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires the registration of drug offenders with the department of safety.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0750

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT requiring registration of drug offenders.

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

1 Judges of Probate; Change of Name. Amend RSA 547:3-i, II to read as follows:

II. Before the probate court may grant a change of name for a person who is incarcerated, or on probation or parole, or for a person who is required, pursuant to RSA 651-B, to register as a [sexual offender or an offender against children] criminal offender and who is no longer subject to supervision by the department of corrections, the petitioner shall make a compelling showing that a name change is necessary. For a person who is incarcerated, or on probation or parole, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of corrections. For a person who is required to register as a [sexual offender or an offender against children] criminal offender and who is no longer subject to supervision by the department of corrections, the petitioner shall serve a copy of the petition, pursuant to RSA 547:29, on the department of safety. Upon ruling on the petition, the probate court shall issue a copy of its order to the department of corrections or, if the petitioner is no longer subject to the supervision of the department of corrections, to the department of safety.

2 Sexual Assault and Related Offenses; Sexual Assault. Amend RSA 632-A:4, II to read as follows:

II. A person found guilty under subparagraph I(b) of this section shall not be required to register as a [sexual] criminal offender under RSA 651-B.

3 Registration of Criminal Offenders; Definitions. RSA 651-B:1 is repealed and reenacted to read as follows:

651-B:1 Definitions. In this chapter:

I. “Criminal offender” means:

(a) A person convicted of an offense punishable under RSA 318-B:26, I.

(b) A person who has been convicted, or acquitted by reason of insanity, of any violation or attempted violation of:

(1) RSA 632-A:2, 632-A:3, 632-A:4, I(a), 645:1, II, or 645:1, III; or

(2) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (1).

(c) A person who has been convicted of any violation or attempted violation of:

(1) Any of the following offenses, where the victim was under the age of 18 at the time of the offense, RSA 633:1, 633:2, 633:3, 639:2, or 645:2; or

(2) RSA 169-B:41, II, 639:3, III, 649-A:3, 649-B:3, 649-B:4 or 650:2, II; or

(3) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (1) or (2).

II. “Department” means the department of safety.

III. “Division” means the division of state police, department of safety.

IV. “Local law enforcement agency” means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the sheriff of the county where the person resides.

V. “LENS system” means the law enforcement name search system.

4 Registration of Criminal Offenders; Registration. Amend RSA 651-B:2 to read as follows:

651-B:2 Registration.

I. Every [sexual offender or offender against children] criminal offender shall be registered with the department of safety, division of state police, as provided in this subdivision.

II. Upon receipt of information pursuant to RSA 106-B:14 concerning the conviction of any [sex offender or offender against children] criminal offender, the division shall register such person and shall include the relevant information in the law enforcement name search (LENS) system.

III. Upon receipt from any out-of-state law enforcement agency of information that a [sex offender or offender against children] criminal offender has moved to New Hampshire, the division shall register such person and shall include the relevant information in the LENS system.

5 Registration of Criminal Offenders; Release. Amend RSA 651-B:3 to read as follows:

651-B:3 Release of Certain [Sexual Offenders] Criminal Offenders Into the Community; Duties.

I. Upon release of any [sexual offender or offender against children] criminal offender after conviction, whether on probation, parole, conditional or unconditional release, completion of sentence, 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, within 10 days, acknowledge in writing that he or she has received such notice. If the offender fail to acknowledge receipt of the notice, local law enforcement authorities shall deliver a written reminder to the offender 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.

II. Upon receipt from any out-of-state law enforcement agency of information that a [sex offender or offender against children] criminal offender has moved to New Hampshire, the department shall locate and shall serve notice upon such offender of the offender’s duty to report under this chapter. The offender shall acknowledge in writing that the offender has received such notice. The department shall obtain the address at which the offender expects to reside and shall inform the local law enforcement agency. The division shall enter the information concerning the offender’s location in New Hampshire and notification in the LENS system.

6 Registration of Criminal Offender; Duty to Report. Amend RSA 651-B:4, I(b) to read as follows:

(b) Any nonresident [sexual offender or offender against children] criminal offender who enters this state for the purpose of employment, with or without compensation, or to attend any public or private educational institution for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year shall report to the local law enforcement agency having jurisdiction over the place of employment or school within 10 days of the nonresident offender entering the state for employment or schooling, and additionally within 10 days after any change of place of employment or schooling. In the event a nonresident offender required to register under this paragraph does not have a principal place of employment, the offender shall register with the department in Concord. Upon the nonresident offender’s initial registration, the local law enforcement agency or the department shall notify the offender of the offender’s duty to report under this chapter. The offender shall report the address of the offender’s place of employment or schooling while in the state, the address where the offender resides out of state, and other information required by department rules adopted in accordance with RSA 651-B:8. Such report shall also be made annually within 30 days after each anniversary of the person’s date of birth, and additionally within 10 days after any change of address or place of employment or schooling.

7 Registration of Criminal Offender; Duty to Report. Amend the introductory paragraph to RSA 651-B:4, II to read as follows:

II. In addition to the requirements imposed under paragraph I of this section, the following provisions shall apply to any [sexual offender or offender against children] criminal offender who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b):

8 Registration of Criminal Offender; Change of Name or Alias. Amend RSA 651-B:5, III to read as follows:

III. Any [sexual offender or offender against children] criminal offender who, with or without compensation, is employed by or attends any public or private educational institution for a period exceeding 14 consecutive days, or for an aggregate period of time exceeding 30 days during any calendar year, shall give written notification of any changes to the person’s place of employment or schooling to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 10 days of such change of place of employment or schooling. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. If the [sexual offender or offender against children] criminal offender continues to be employed by or attend any public or private educational institution, the division shall notify the local law enforcement agency at the new place of employment or schooling, or the appropriate out-of-state law enforcement agency if the new place of employment or schooling is outside New Hampshire, and shall include such changes in the LENS system.

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

651-B:6 Duration of Registration.

I. Any [sexual] criminal offender convicted of a violation or attempted violation of RSA 632-A:2, 632-A:3, or 645:1, III, RSA 318-B:26, I, and any criminal offender [against children] convicted 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] criminal offender convicted of a violation or attempted violation of RSA 632-A:4, I(a) or RSA 645:1, II, and any criminal offender [against children] convicted 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.

III. Notwithstanding the provisions of paragraph II, any [sexual offender or offender against children] criminal offender who has been convicted of more than one offense listed in RSA 651-B:1, III or RSA 651-B:1, V, RSA 318-B:26, I, or who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b) shall be registered for life.

10 Registration of Criminal Offenders; Availability of Information. Amend RSA 651-B:7, I to read as follows:

I. Except as provided in this section, the records established and information collected pursuant to the provisions of this chapter shall not be considered “public records” subject to inspection under RSA 91-A:4. However, nothing in this chapter shall be construed to limit any law enforcement agency from making any use or disclosure of any such information as may be necessary to the performance of a valid law enforcement function. Nothing in this chapter shall be construed to limit an individual’s ability to obtain access to the individual’s own records, or to limit access to a person’s criminal record under the provisions of RSA 106-B:14, including address information obtained under the provisions of this chapter.

11 Registration of Criminal Offender; Availability of Information to the Public. Amend RSA 651-B:7, II(b)(1)(D) to read as follows:

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

12 Registration of Criminal Offender; Penalties. Amend RSA 651-B:9 to read as follows:

I. A [sexual offender or offender against children] criminal offender 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] criminal offender 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] criminal offender previously convicted of a misdemeanor pursuant to paragraph II who knowingly fails to comply with the requirements of this chapter shall be guilty of a class B felony.

13 DNA Testing of Criminal Offenders; Definitions. Amend RSA 651-C:1, VIII to read as follows:

VIII.(a) “[Sexual] Criminal offender” means a person who has been convicted of any violation of:

(1) RSA 632-A:2, RSA 632-A:3, or RSA 632-A:4; or

(2) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (1).

(b) “[Sexual] Juvenile offender” [also] means a juvenile who has been found delinquent because of actions which, if the juvenile were an adult, would be crimes under RSA 632-A:2, 632-A:3, or 632-A:4. In the case of a juvenile offender, a DNA sample shall be provided prior to the juvenile’s eighteenth birthday, or in the case of a person sentenced under RSA 169-B:4, prior to such person’s nineteenth birthday.

14 DNA Testing of Criminal Offenders; Expungement of DNA Database Records. Amend RSA 651-C:5, II to read as follows:

II. The DNA record of any juvenile [sexual] offender shall be maintained in the database and shall not be automatically expunged from the database upon that individual’s reaching the age of adulthood.

15 Effective Date. This act shall take effect January 1, 2006.

LBAO

05-0750

1/28/05

HB 556-FN - FISCAL NOTE

AN ACT requiring registration of drug offenders.

FISCAL IMPACT:

      The Department of Safety states this bill will increase state, county, and local expenditures by an indeterminable amount in FY 2006 and in each year thereafter. There will be no fiscal impact on state, county and local revenues.

METHODOLOGY:

    The Department assumed the definition of criminal in this bill will expand the existing sexual offender database to include indecent exposure, kidnapping, criminal restraint, false imprisonment, child pornography, prostitution and other offenses. The Department anticipates an increase of thousands of records in the database which will increase personnel and other related costs. The Department is unable to prepare a reasonable estimate of the additional costs.

Links

HB556 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB556 Revision: 8996 Date: Jan. 21, 2010, midnight

Docket