HB1508 (2010) Detail

(New Title) relative to communications between offenders convicted of certain sexual assaults and the victims of the crime.


CHAPTER 75

HB 1508-FN – FINAL VERSION

03Mar2010… 0555h

2010 SESSION

10-2612

04/09

HOUSE BILL 1508-FN

AN ACT relative to communications between offenders convicted of certain sexual assaults and the victims of the crime.

SPONSORS: Rep. Cushing, Rock 15; Rep. Chandley, Hills 6; Rep. S. Harvey, Hills 21; Rep. Foster, Hills 4

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill limits communication between a person convicted of certain sexual assaults and the victim.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0555h

10-2612

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to communications between offenders convicted of certain sexual assaults and the victims of the crime.

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

75:1 New Paragraph; Registration of Criminal Offenders; Prohibition on Contacting Victim. Amend RSA 651-B:9 by inserting after paragraph VII the following new paragraph:

VIII.(a) Except as provided in subparagraph (b), any sexual offender or offender against children who is required to register under this chapter who is convicted of aggravated felonious sexual assault pursuant to RSA 632-A:2, or felonious sexual assault pursuant to RSA 632-A:3, or sexual assault pursuant to RSA 632-A:4, and who initiates contact with the victim of the offense at any time shall be guilty of a class A misdemeanor. In this paragraph, “contact” means any action to communicate with the victim either directly or indirectly, including, but not limited to, using any form of electronic communication, leaving items, or causing another to communicate in such fashion.

(b) Subparagraph (a) shall not apply to contact between a sexual offender or an offender against children and a victim where there is an ongoing relationship between the victim and the offender that existed prior to the commission of the offense and that necessitates contact between them, such as the shared custody of a child or an emergency involving a shared sibling or parent, provided that any contact by the offender shall be strictly limited to the immediate issue that needs to be communicated.

75:2 Effective Date. This act shall take effect January 1, 2011.

Approved: May 19, 2010

Effective Date: January 1, 2011