Bill Text - HB1480 (2006)

Amending the provisions relative to registration of criminal offenders.

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Revision: Jan. 21, 2010, midnight

07Mar2006… 1055h

2006 SESSION

06-2330

04/10

HOUSE BILL 1480

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill:

I. Requires lifetime registration for persons convicted of aggravated felonious sexual assault.

II. Requires certain persons convicted of sexual assault to be registered for 10 years.

III. Amends the statute on felonious sexual assault involving sexual penetration with a person 13 years old but under 16 years old where the age difference between the actor and victim is 3 years or more.

IV. Repeals the statute requiring the department of safety to locate and serve notice on an offender who has moved into the state and has already registered with a local law enforcement agency.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 1055h

06-2330

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

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

162:1 Sexual Assault and Related Offenses; Felonious Sexual Assault. Amend RSA 632-A:3, II to read as follows:

II. Engages in sexual penetration with a person, other than his legal spouse, who is 13 years of age or older and under 16 years of age where the age difference between the actor and the other person is 3 years or more; or

162:2 Registration of Criminal Offenders; Release of Certain Sexual Offenders into the Community. Amend RSA 651-B:3, II to read as follows:

II. Upon receipt from any out-of-state law enforcement agency of information that a sex offender or offender against children 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. This paragraph shall not apply to a sexual offender or offender against children who has moved to New Hampshire and has registered with a local law enforcement agency.

162:3 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, I-II to read as follows:

I. Any sexual offender 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 required to register as a result of a violation or attempted violation of RSA 169-B:41, II, 632-A:2, 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 required to register as a result of a violation or attempted violation of RSA 632-A:4, I(a) or (b), or RSA 645:1, II, and any offender against children 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, provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent violation or attempted violation of an offense for which the person is required to register.

162:4 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, V(a) to read as follows:

(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense, RSA 632-A:2, RSA 632-A:3, RSA 633:1, RSA 633:2, RSA 633:3, RSA 639:2, or RSA 645:2; or

162:5 Repeal. RSA 651-B:7, II (a)(1) and (2), relative to certain offenses listed separately by the division of state police, department of safety, are repealed.

162:6 Effective Date. This act shall take effect January 1, 2007.

Approved: May 23, 2006

Effective: January 1, 2007