HB586 (2007) Detail

Imposing an enhanced penalty for sexual assaults by persons in a position of authority.


HB 586-FN – AS INTRODUCED

2007 SESSION

07-0648

04/01

HOUSE BILL 586-FN

AN ACT imposing an enhanced penalty for sexual assaults by persons in a position of authority.

SPONSORS: Rep. O'Neil, Hills 19; Rep. John Kelley, Hills 26; Rep. Barry, Hills 19; Rep. Ingersoll, Coos 4; Rep. C. Christensen, Hills 19

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill extends the term of imprisonment for sexual assault by a person in a position of authority over the victim, where the victim was 17 years of age or less at the time of the offense.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0648

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT imposing an enhanced penalty for sexual assaults by persons in a position of authority.

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

1 Extended Term of Imprisonment. Amend RSA 651:6, I(o)-(p) to read as follows:

(o) Has purposely, knowingly, or recklessly with extreme indifference to the value of human life committed an act or acts constituting first degree assault as defined in RSA 631:1 against a person under 13 years of age where the serious bodily injury has resulted in brain damage or physical disability to the child that is likely to be permanent; [or]

(p) Has committed murder as defined in RSA 630:1-b against a person under 13 years of age; or

(q) Has committed or attempted to commit any of the crimes defined in RSA 632-A:2, I(k), RSA 632-A:3, IV, or RSA 632-A:4, III against a victim who was 17 years of age or less at the time of the offense.

2 Extended Term of Imprisonment. Amend RSA 651:6, III(f)-(g) to read as follows:

(f) A third offense under RSA 632-A:3, life imprisonment; [or]

(g) Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of not less than 90 days and a maximum of not more than one year; or

(h) Any of the crimes listed under subparagraph I(q) of this section, a minimum to be fixed by the court of not less than 2 years and a maximum to be fixed by the court of not more than 5 years.

3 Effective Date. This act shall take effect on January 1, 2008.

LBAO

07-0648

01/26/07

HB 586-FN - FISCAL NOTE

AN ACT imposing an enhanced penalty for sexual assaults by persons in a position of authority.

FISCAL IMPACT:

    The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Judicial Branch and the Department of Corrections. When completed, the fiscal note will be forwarded to the House Clerk's Office.