CHAPTER 223
HB 225 – FINAL VERSION
4Mar2015… 0205h
11June2015… 2219EBA
2015 SESSION
04/09
HOUSE BILL 225
AN ACT requiring the defendant to personally appear in the courtroom during a victim impact statement.
SPONSORS: Rep. Cushing, Rock 21; Rep. Pantelakos, Rock 25; Rep. Elliott, Rock 8; Rep.?Mangipudi, Hills 35; Sen. Soucy, Dist 18; Sen. Lasky, Dist 13; Sen. Cataldo, Dist 6
This bill requires the defendant in a criminal proceeding to personally appear in court when the victim or victim's next of kin addresses the judge.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Mar2015… 0205h
11June2015… 2219EBA
15-0002
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT requiring the defendant to personally appear in the courtroom during a victim impact statement.
Be it Enacted by the Senate and House of Representatives in General Court convened:
223:1 Sentences; Right of Crime Victim to Address Judge. Amend RSA 651:4-a to read as follows:
651:4-a [Victims of Certain Violent Crimes Against a Person Permitted to Speak Before Sentencing and at Sentence Reduction or Suspension Hearings] Right of Crime Victim to Address Judge; Defendant Required to Personally Appear. Before a judge sentences or suspends or reduces the sentence of any person for capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, the victim of the offense, or the victim's next of kin if the victim has died, shall have 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, the person responsible, and the need for restitution. The prosecutor[, the person to be sentenced,] and the attorney for the [person to be sentenced shall have the right to] defendant may be present when the victim or victim's next of kin so addresses the judge. The defendant shall personally appear in court when the victim or victim's next of kin addresses the judge, unless excused by the court. The judge may consider the statements of the victim or next of kin made pursuant to this section when imposing sentence or making a decision regarding sentence reduction or sentence suspension.
223:2 Effective Date. This act shall take effect January 1, 2016.
Approved: July 13, 2015
Effective Date: January 1, 2016