HB1320 (2010) Detail

Permitting the victim of a crime to offer a statement at certain civil proceedings.


HB 1320 – AS INTRODUCED

2010 SESSION

10-2157

04/03

HOUSE BILL 1320

AN ACT permitting the victim of a crime to offer a statement at certain civil proceedings.

SPONSORS: Rep. Cushing, Rock 15

COMMITTEE: Judiciary

ANALYSIS

This bill requires the court to provide a crime victim with the opportunity to speak in certain involuntary civil commitment proceedings.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2157

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT permitting the victim of a crime to offer a statement at certain civil proceedings.

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

1 New Paragraph; Nonemergency Involuntary Admissions; Statement by Crime Victim. Amend RSA 135-C:45 by inserting after paragraph III the following new paragraph:

IV. Prior to an order by the court under this section, the court shall permit the victim of any criminal offense committed by the respondent, or the victim’s next of kin if the victim has died, the opportunity to address the judge. The victim or victim’s next of kin may appear personally or by counsel and may reasonably express his or her views concerning the offense and the person responsible. The prosecutor, the respondent, and the attorney for the respondent shall have the right to be present when the victim or victim’s next of kin so addresses the judge. The judge may consider the statements of the victim or next of kin made pursuant to this section when issuing an order.

2 New Paragraph; Involuntary Commitment of Sexually Violent Predators; Statement of Crime Victim. Amend RSA 135-E:9 by inserting after paragraph IV the following new paragraph:

V. The court shall permit the victim of any criminal offense committed by the person, or the victim’s next of kin if the victim has died, the opportunity to address the judge. The victim or victim’s next of kin may appear personally or by counsel and may reasonably express his or her views concerning the offense and the person responsible. The prosecutor, the person, and the attorney for the person shall have the right to be present when the victim or victim’s next of kin so addresses the judge. The judge may consider the statements of the victim or next of kin made pursuant to this section before a determination under RSA 135-E:11 is made.

3 Effective Date. This act shall take effect 60 days after its passage.