Revision: May 19, 2011, midnight
SB 123 – AS AMENDED BY THE HOUSE
18May2011… 1589h
2011 SESSION
01/05
SENATE BILL 123
AN ACT relative to notification if a person found incompetent to stand trial and civilly committed is released into the community and relative to the prosecution of certain accused persons who have been found incompetent to stand trial.
SPONSORS: Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Gallus, Dist 1; Sen. Lambert, Dist 13; Sen. Odell, Dist 8; Sen. Stiles, Dist 24; Sen. White, Dist 9; Rep. Sorg, Graf 3
This bill clarifies the notification required if a person found incompetent to stand trial and civilly committed is released into the community. The bill also provides that the period of limitations on prosecution shall not run anytime that a person who has been charged with certain crimes is found and remains incompetent to stand trial.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18May2011… 1589h
11-1069
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to notification if a person found incompetent to stand trial and civilly committed is released into the community and relative to the prosecution of certain accused persons who have been found incompetent to stand trial.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Notification Authorized. Amend RSA 135:17-b to read as follows:
135:17-b Notification Authorized. Notwithstanding any provision of law to the contrary, in the event that a person who has been charged with murder, pursuant to RSA 630:1, I-a, or I-b, manslaughter, or aggravated felonious sexual assault, found incompetent to stand trial pursuant to RSA 135:17-a, and civilly committed pursuant to RSA 135-C, is discharged to the community, either conditionally or [otherwise] absolutely, the department of health and human services shall immediately notify the attorney general, who shall notify the family of the [homicide] victim, or the victim of aggravated felonious sexual assault if an adult, and the law enforcement agency in the community to which the person is being discharged. For purposes of this section, discharge shall include the initial authorization by the administrative review committee of New Hampshire hospital to allow a person to leave the grounds of the hospital unaccompanied by a hospital staff member
2 Applicability. RSA 135:17-b as amended by section 1 of this act shall be applicable to the discharge of any qualified individual who is under an order of civil commitment on or after September 11, 2010.
3 Limitations. Amend RSA 625:8, VI to read as follows:
VI. The period of limitations does not run:
(a) During any time when the accused is continuously absent from the state or has no reasonably ascertained place of abode or work within this state; [or]
(b) During any time when a prosecution is pending against the accused in this state based on the same conduct; or
(c) During any time that a person who has been charged with murder pursuant to RSA 630:1, RSA 630:1-a, or RSA 630:1-b, manslaughter or aggravated felonious sexual assault is found and remains incompetent to stand trial pursuant to RSA 135:17-a.
4 Effective Date. This act shall take effect 60 days after its passage.