CHAPTER 135
HB 1745-FN – FINAL VERSION
07Mar2006… 1083h
2006 SESSION
09/04
HOUSE BILL 1745-FN
AN ACT relative to methamphetamine-related crimes involving children and incapacitated adults.
SPONSORS: Rep. Harvey, Hills 21; Rep. Pilliod, Belk 5; Rep. Gile, Merr 10; Rep. Hogancamp, Ches 4; Rep. Knowles, Straf 6; Sen. Martel, Dist 18; Sen. D'Allesandro, Dist 20
COMMITTEE: Criminal Justice and Public Safety
This bill establishes penalties and reporting requirements for methamphetamine-related crimes involving children and incapacitated adults.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 1083h
06-2164
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to methamphetamine-related crimes involving children and incapacitated adults.
Be it Enacted by the Senate and House of Representatives in General Court convened:
135:1 New Chapter; Methamphetamine-related Crimes. Amend RSA by inserting after chapter 639 the following new chapter:
CHAPTER 639-A
METHAMPHETAMINE-RELATED CRIMES
639-A:1 Definitions: In this chapter:
I. “Chemical substance” means a substance intended to be used as a precursor in the manufacture of methamphetamine or any other chemical intended to be used in the manufacture of methamphetamine.
II. “Child” means any person under the age of 18 years.
III. “Incapacitated adult” means a person 18 years of age or older who is incapacitated, as defined in RSA 161-F:43, VII.
IV. “Methamphetamine paraphernalia” means all equipment, products, and materials of any kind that are used, intended for use, or designed for use in manufacturing, injecting, ingesting, inhaling, or otherwise introducing methamphetamine into the human body.
V. “Methamphetamine waste products” means substances, chemicals, or items of any kind used in the manufacture of methamphetamine or any part of the manufacturing process, or the by-products or degradates of manufacturing methamphetamine.
639-A:2 Prohibited Conduct.
I. No person shall knowingly engage in any of the following activities in the presence of a child or incapacitated adult; in the residence of a child or an incapacitated adult; in a building, structure, conveyance, or outdoor location where a child or incapacitated adult might reasonably be expected to be present; within any drug-free school zone, as defined under RSA 193-B:1, II; in a room offered to the public for overnight accommodations; or in any multiple unit residential building:
(a) Manufacturing or attempting to manufacture methamphetamine.
(b) Storing any chemical substance.
(c) Storing or disposing of any methamphetamine waste products.
(d) Storing or disposing of any methamphetamine paraphernalia.
II. No person shall knowingly cause or permit a child or incapacitated adult to inhale, be exposed to, have contact with, or ingest methamphetamine, a chemical substance, or methamphetamine paraphernalia.
III. No person shall, with the intent to engage in any prohibited conduct under paragraph I, knowingly cause or permit any child or incapacitated adult to buy or otherwise obtain methamphetamine paraphernalia.
639-A:3 Penalties.
I. A person convicted of an offense under RSA 639-A:2 shall be guilty of a felony and, notwithstanding RSA 651:2, may be sentenced to imprisonment for not more than 5 years or a fine of up to $10,000, or both.
II. A prosecution or conviction under this chapter is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
639-A:4 Protective Custody for Health Screening; Reports Required.
I. A peace officer shall, pursuant to RSA 169-C:6, take any child present in an area where any of the activities described in RSA 639-A:2 are taking place into protective custody. Upon taking a child into protective custody, the peace officer shall follow the procedures outlined in RSA 169-C:6 and shall report the matter to the department of health and human services as a suspected incident of abuse or neglect under RSA 169-C:29. The department shall investigate the report in accordance with RSA 169-C:34 and shall, as part of its investigation, screen the child for possible health concerns related to exposure to methamphetamine.
II. If a peace officer does not take a child into protective custody under this section, but has reason to believe that the child may have been exposed to methamphetamine, the peace office shall report the matter to the department of health and human services as a suspected incident of abuse or neglect under RSA 169-C:29. The department shall investigate the report in accordance with RSA 169-C:34 and may, as part of its investigation, screen the child for possible health concerns related to exposure to methamphetamine.
135:2 Effective Date. This act shall take effect upon its passage.
Approved: May 19, 2006
Effective: May 19, 2006