Revision: Dec. 17, 2009, midnight
HB 1642-FN – AS INTRODUCED
2010 SESSION
04/03
HOUSE BILL 1642-FN
AN ACT relative to the registration of criminal offenders.
SPONSORS: Rep. Shurtleff, Merr 10
COMMITTEE: Criminal Justice and Public Safety
This bill makes various changes to RSA 651-B governing the registration of criminal offenders.
This bill was requested by the department of justice.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2515
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the registration of criminal offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Registration of Criminal Offenders; Definitions. Amend the introductory paragraph of RSA 651-B:1, V to read as follows:
V. “Sexual offense” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses, where the victim was 18 years of age or older at the time of the offense:
2 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, V(c) to read as follows:
(c) Any offense for which the offender is required to register pursuant to the law in the [state] jurisdiction where the conviction occurred.
3 Registration of Criminal Offenders; Definitions. Amend the introductory paragraph of RSA 651-B:1, VII to read as follows:
VII. “Offense against a child” means the following offenses, including an accomplice to, or an attempt, conspiracy, or solicitation to commit, any of the following offenses:
4 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, VII(d) to read as follows:
(d) Any offense involving a victim under the age of 18 for which the offender is required to register pursuant to the law in the [state] jurisdiction where the conviction occurred.
5 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, IX(a) to read as follows:
(a) RSA 169-B:41, II; RSA 632-A:3, I; RSA 632-A:3, II; RSA 632-A:3, IV if the victim was 13 years of age or older but less than 18 years of age; RSA 633:2; RSA 633:3; RSA 639:3, III; RSA 645:1, II; RSA 645:1, III; RSA 645:2; RSA 649-A:3; RSA 649-A:3-a; RSA 649-A:3-b; RSA 649-B:3; RSA 649-B:4; or RSA 650:2, II.
6 Registration of Criminal Offenders; Definitions. Amend RSA 651-B:1, X(a) to read as follows:
(a) RSA 630:1, I(e), RSA 630:1-a, I(b)(1), RSA 632-A:2, RSA 632-A:3, III, RSA 632-A:3, IV if the victim was under the age of 13, [or] RSA 633:1; or RSA 639:2.
7 Registration of Criminal Offenders; Duty to Report. Amend RSA 651-B:4, III(e) to read as follows:
(e) [Vehicle] Make, model, color, and license plate or registration number and state of registration of any vehicle, watercraft, or aircraft owned or regularly [driven] operated by the offender, and the place or places where such vehicles, watercraft, or aircraft are regularly kept.
8 Repeal. RSA 651-B:7, III(a)(9), relative to the requirement to include online identifiers on the public list of sexual offenders, is repealed.
9 Applicability. RSA 651-B shall apply to any sexual offender or offender against children, regardless of the date of conviction, juvenile delinquency adjudication, finding of not guilty by reason of insanity, or commitment under RSA 135-E.
10 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2515
12/16/09
HB 1642-FN - FISCAL NOTE
AN ACT relative to the registration of criminal offenders.
FISCAL IMPACT:
The Department of Safety states this bill may increase state expenditures by an indeterminable amount in FY 2011 and each year thereafter. This bill would have no fiscal impact on state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Department of Safety states this bill would make various changes to existing law governing the registration of sexual criminal offenders. These law changes would result in state law coming into compliance with federal law known as the Adam Walsh Act. This would result in additional categories of offenders that would have to register, and would make vehicle, watercraft and aircraft registration data a mandatory reporting element for sexual criminal offenders. There would be no fiscal impact on state revenue. The Division of State Police cannot estimate any increase in state expenditures because it is unknown how many offenders would fall into the new categories and there is no way of determining future convictions.
The Department of Justice states they do not handle the registration of sexual offenders and thus passage of the bill would not have an impact on the investigative or prosecutorial function of the office. The proposed changes, which were requested by the Department, would bring New Hampshire’s sexual offender registry law more closely into compliance with federal mandates. If the law is not in substantial compliance with the federal mandates by June 2010, New Hampshire could be penalized in an amount up to 10% of its Justice Administration Grant. Based on the 2009 grant award, the penalty could be up to $170,000. This bill would decrease the likelihood that such a penalty would be imposed. The Department does not anticipate this bill will have a fiscal impact on the Department.