SB51 (2009) Detail

Requiring confidentiality of jurors' addresses and the file in an involuntary admission proceeding.


CHAPTER 244

SB 51 – FINAL VERSION

02/04/09 0070s

20May2009… 1526h

2009 SESSION

09-0932

09/04

SENATE BILL 51

AN ACT requiring confidentiality of jurors’ addresses and the file in an involuntary admission proceeding.

SPONSORS: Sen. Reynolds, Dist 2; Rep. Cote, Hills 23

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires confidentiality of jurors’ addresses and the file in an involuntary admission proceeding.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/04/09 0070s

20May2009… 1526h

09-0932

09/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT requiring confidentiality of jurors’ addresses and the file in an involuntary admission proceeding.

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

244:1 Jurors; Juror Qualification Form. Amend RSA 500-A:6, I to read as follows:

I. When ordered to do so by the court, the clerk shall draw at random from the master jury list the names or identifying numbers of as many prospective jurors as the court by order requires. The names or identifying numbers of prospective jurors may be chosen either by random drawing or by computer on a random basis. The clerk shall prepare an alphabetical list of the names drawn. The names drawn on the list may be disclosed only to persons authorized to see the list under this chapter or upon specific order of the court. The addresses of jurors shall not be disclosed, except to counsel, a pro se party examining juror qualification forms, or otherwise in accordance with court rule.

244:2 Nonemergency Involuntary Admissions; Conduct of Hearing. Amend RSA 135-C:43 to read as follows:

135-C:43 Conduct of Hearing. For hearings held under this chapter, the person sought to be admitted shall have the right to legal counsel, to present evidence on his or her own behalf, to have a closed hearing and a closed file unless he or she requests otherwise, and to cross-examine witnesses. He or she shall also have the right to summon as a witness the psychiatrist who filed the report pursuant to RSA 135-C:40 and to cross-examine him or her. A transcript, which may consist only of any audio recording of the proceedings, and at the court's discretion, shall be made of the entire proceeding. The transcript may serve as the basis for an appeal and the costs of the transcript shall be apportioned, within the judge's discretion, between the state and the person sought to be admitted. The transcript or recording shall be retained by the court for 2 years or until official notice is received of discharge, if the person is admitted on an involuntary basis and subsequently discharged.

244:3 Effective Date.

I. Section 1 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect 60 days after its passage.

Approved: July 16, 2009

Effective Date: I. Section 1 shall take effect July 16, 2009.

II. Remainder shall take effect September 14, 2009.