HB 1318 - AS INTRODUCED
2016 SESSION
\t16-2376
\t04/09
HOUSE BILL\t1318
AN ACT\trelative to sex offender registration.
SPONSORS:\tRep. Crawford, Carr. 4; Rep. Parker, Carr. 6; Rep. Webb, Rock. 6
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill changes the circumstances and criteria under which certain sex offenders may petition to have their name removed from the sex offender registry public list.
\tThis bill is a request of the department of safety.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2376
\t04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to sex offender registration.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, III(a)(2) to read as follows:
\t\t\t\t(2) A tier II offender may petition the superior court to have his or her name and information removed from the public list. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 15 years after the date of release. The petition shall be accompanied by a risk assessment, prepared by a qualified psychiatrist or psychologist at the offender's expense, which indicates that the offender poses no risk of reoffending or causing public harm. The court [may] shall grant the petition only if the offender has not been convicted of any felony, class A misdemeanor, sex offense, or offense against a child, has successfully completed any periods of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court. If the court denies the petition, the offender shall not file another petition for 5 years from the date of denial.
\t2 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, III(b) to read as follows:
\t\t\t(b) Prior to granting any petition to remove an offender from the public list, the court shall provide notice to the county attorney who prosecuted the case, the sex offender unit in the department of safety, division of state police, the victim advocate, and the victim or victim's family, and permit those parties to be heard on the petition. Prior to any decision granting the application, the court shall provide the victim with the opportunity to address the court. The victim may appear personally, or by counsel, or may provide a written statement to reasonably express his or her views concerning the offense, the person responsible, and the need for maintaining the registration requirement. The judge shall consider the statements of the victim pursuant to this section when making a decision regarding the application. The judge shall grant the application, after a hearing, only where, in the opinion of the court, removal from the registration requirements will assist the individual in the individual's rehabilitation and will be consistent with the public welfare. The offender shall bear the burden of proof, by clear and convincing evidence, that removal of the registration requirements will assist the offender in his or her rehabilitation and will be consistent with the public welfare, and that he or she no longer poses a risk sufficient to justify continued registration.
\t3 Effective Date. This act shall take effect 60 days after its passage.