CHAPTER 89
SB 207-FN – FINAL VERSION
01/18/06 0268s
2006 SESSION
04/03
SENATE BILL 207-FN
AN ACT relative to enhanced penalties for certain crimes against the elderly and persons with a physical or mental disability.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Larsen, Dist 15; Sen. Morse, Dist 22; Sen. Martel, Dist 18; Sen. Gatsas, Dist 16; Sen. Estabrook, Dist 21; Sen. Hassan, Dist 23; Sen. Gottesman, Dist 12; Sen. Fuller Clark, Dist 24; Rep. Ingram, Rock 4; Rep. Winchell, Rock 6
This bill imposes enhanced penalties for certain crimes against the elderly and persons with a physical or mental disability.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/18/06 0268s
05-0935
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to enhanced penalties for certain crimes against the elderly and persons with a physical or mental disability.
Be it Enacted by the Senate and House of Representatives in General Court convened:
89:1 Enhanced Penalties for Certain Crimes Against the Elderly or Persons With Disabilities. Amend RSA 651:6, I(j) and (k) to read as follows:
(j) Possesses a radio device with the intent to use that device in the commission of robbery, burglary, theft, gambling, stalking, or a violation of any provision of RSA 318-B. In this section, the term “radio device” means any device capable of receiving a wireless transmission on any frequency allocated for law enforcement use, or any device capable of transmitting and receiving a wireless transmission; [or]
(k) Has committed or attempted to commit negligent homicide as defined in RSA 630:3, I against a person under 13 years of age who was in the care of, or under the supervision of, the defendant at the time of the offense[.]; or
(l) Has committed or attempted to commit any of the crimes defined in RSA 637 or RSA 638 against a victim who is 65 years of age or older or who has a physical or mental disability and that in perpetrating the crime, the defendant intended to take advantage of the victim’s age or a physical or mental condition that impaired the victim's ability to manage his or her property or financial resources or to protect his or her rights or interests.
89:2 Sentences; Extended Term of Imprisonment. Amend RSA 651:6, I(d) to read as follows:
(d) Has committed [a felony] an offense involving the use of force against a person with the intention of taking advantage of the victim's age or physical disability;
89:3 Effective Date. This act shall take effect January 1, 2007.
Approved: May 5, 2006
Effective: January 1, 2007