HB 1149 – AS INTRODUCED
HOUSE BILL 1149
This bill establishes criteria for public notification that a sexual offender is residing in the community, amends the immunity provisions for release of information by public officials, and establishes a committee to study the creation of a classification system for sexual offenders.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT regarding public notification of sexual offender information and establishing a committee to study the creation of a sexual offender classification system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Registration of Criminal Offenders; Availability of Information to the Public. Amend RSA 651-B:7, IV-V to read as follows:
IV.(a) The division shall provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, through written, electronic, computerized, or other accessible means, but in no event less frequently than once each month. The list shall be made available to interested members of the public upon request to a local law enforcement agency. The department of safety may make the list available to interested members of the public through the use of the department’s official public Internet access site. The department shall adopt rules, pursuant to RSA 541-A, establishing procedures for the collection of information described in this section, the transmission of the information from the division to the local law enforcement agencies, and the conditions under which the list shall be made available to the public. These rules shall enable the public to request information about a named individual or about all listed individuals residing or confined in the state. The rules may also include provisions for the imposition of a reasonable fee to defray the administrative costs of collecting the information and making the information available to the public.
(b) Local law enforcement agencies may photograph, at the time of the registration, any individual who is required to be registered pursuant to this chapter. The consent of the registrant shall not be necessary. Such photographs may be used in the performance of any valid law enforcement function.
(c) In the discretion of the local law enforcement agency, such agency may affirmatively notify the public that an offender who is included on the list received by the agency pursuant to subparagraph (a) is residing in the community, provided that the local law enforcement agency determines, based on the level of risk posed by the offender to the community and the needs of the affected community members for such information to enhance their individual and collective safety, that such notification is necessary.
V. Local law enforcement agencies, employees of local law enforcement agencies, and county and state officials shall be immune from civil and criminal liability for good faith conduct under this chapter[
. Nothing in this paragraph shall be deemed to grant any such immunity to any person for that person’s reckless or wanton conduct], unless it is shown that such agency, employee, or official acted with gross negligence or in bad faith. No liability shall be imposed on any local law enforcement agency, employee of a local law enforcement agency, or county or state official for determining that the release information under paragraph IV is not necessary.
2 Committee Established. There is established a committee to study the creation of a classification system for sexual offenders.
3 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Three members of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
4 Duties. The committee shall study the creation of a classification system for sexual offenders.
5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
6 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2006.
7 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.