Bill Text - HB1318 (2010)

(3rd New Title) relative to post-conviction DNA testing, eligibility for victim’s compensation for a victim of a crime in which a petition for post-conviction DNA testing was filed, and victim services while the court is considering post-conviction DNA testing.


Revision: July 15, 2010, midnight

CHAPTER 299

HB 1318 – FINAL VERSION

03Mar2010… 0731h

05/12/10 1934s

02Jun2010… 2340eba

2010 SESSION

10-2154

04/03

HOUSE BILL 1318

AN ACT relative to post-conviction DNA testing, eligibility for victim’s compensation for a victim of a crime in which a petition for post-conviction DNA testing was filed, and victim services while the court is considering post-conviction DNA testing.

SPONSORS: Rep. Cushing, Rock 15

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill:

I. Makes victim services available, upon request, to a victim of the crime being reinvestigated while the court is considering post-conviction DNA testing.

II. Amends the post-conviction DNA testing statute provisions concerning the designation of the testing laboratory and victim services.

III. Permits any person who was a victim of a crime for which the person convicted of the crime has filed a petition for post-conviction DNA testing to be eligible for victim’s compensation regardless of the date of the crime.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0731h

05/12/10 1934s

02Jun2010… 2340eba

10-2154

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to post-conviction DNA testing, eligibility for victim’s compensation for a victim of a crime in which a petition for post-conviction DNA testing was filed, and victim services while the court is considering post-conviction DNA testing.

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

299:1 New Section; Victim Services. Amend RSA 651-D by inserting after section 4 the following new section:

651-D:5 Victim Services. When post-conviction DNA testing is being considered by the court, the state shall, upon request, reactivate victim services for the victim of the crime being reinvestigated during the reinvestigation of the case, during the pendency of the proceedings, and, as determined by the court after consultation with the victim and/or victim advocate, following final adjudication of the case.

299:2 Post-Conviction DNA Testing of Biological Material. Amend RSA 651-D:2, I(a) to read as follows:

(a) Explain why the identity of the petitioner was or should have been a significant issue during court proceedings notwithstanding the fact that the petitioner may have pled guilty or nolo contendere, or made or is alleged to have made an incriminating statement or admission as to identity.

299:3 Post-Conviction DNA Testing of Biological Material. Amend RSA 651-D:2, IV(c) to read as follows:

(c) Designate the New Hampshire state police forensic laboratory to conduct the test. However, the court, upon a showing of good cause, may order testing by another laboratory or agency accredited by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB) or the National Forensic Science Training Center, if requested by the petitioner.

299:4 New Subparagraph; Rights of Crime Victims. Amend RSA 21-M:8-k, II by inserting after subparagraph (v) the following new subparagraph:

(w) The right to be informed of the filing of a petition for post-conviction DNA testing under RSA 651-D.

299:5 New Paragraph; Claimant Eligibility and Compensation. Amend RSA 21-M:8-h by inserting after paragraph VII the following new paragraph:

VIII. Notwithstanding paragraph II, any person who was a victim of a crime for which the person convicted of the crime has filed a petition for post-conviction DNA testing under RSA 651-D shall be eligible for victim’s compensation regardless of the date of the crime. Compensation under this paragraph shall be limited to qualified expenses incurred after the post-conviction DNA testing petition is filed.

299:6 Repeal. RSA 651-D:2, IV(d), relative to designation of an alternate laboratory for DNA testing, is repealed.

299:7 Contingency. If HB 1441 of the 2010 regular legislative session becomes law, RSA 21-M:8-h, VIII as inserted by section 5 of this act shall be renumbered as RSA 21-M:8-h, IX.

299:8 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 13, 2010

Effective Date: September 11, 2010

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