HB 1390 - AS INTRODUCED
2016 SESSION
\t16-2048
\t06/04
HOUSE BILL\t1390
AN ACT\trelative to municipal authority to restrict where registered sex offenders live.
SPONSORS:\tRep. Webb, Rock. 6; Rep. Baldasaro, Rock. 5; Rep. Prudhomme-O'Brien, Rock. 6; Rep. Spillane, Rock. 2; Rep. LeBrun, Hills. 32; Rep. Infantine, Hills. 13; Rep. P. McCarthy, Hills. 29; Rep. Crawford, Carr. 4; Sen. Birdsell, Dist 19
COMMITTEE:\tMunicipal and County Government
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ANALYSIS
\tThis bill authorizes municipalities to adopt bylaws establishing residency restrictions for sex offenders.
\tThis bill also permits a sex offender who was convicted after a guilty plea without a trial, prior to the establishment of the sex offender registry, to petition the court to have his or her name removed from the registry.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2048
\t06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to municipal authority to restrict where registered sex offenders live.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Powers and Duties of Towns; Residency Restrictions on Registered Sex Offenders. Amend RSA 31 by inserting after section 41-e the following new section:
\t31:41-f Residency Restrictions on Registered Sex Offenders. A town may make bylaws prohibiting registered sex offenders from residing within a certain distance from a school, day care center, or other place where children regularly congregate.
\t2 New Paragraph; Powers of City Councils; Bylaws and Ordinances. Amend RSA 47:17 by inserting after paragraph XIX the following new paragraph:
\t\tXX. Registered Sex Offenders. To prohibit registered sex offenders from residing within a certain distance from a school, day care center, or other place where children regularly congregate.
\t3 Criminal Offender Registration; Sex Offender Registry. Amend RSA 651-B:6, III(a)(1) to read as follows:
\t\tIII.(a)(1) Except as provided in paragraph V, all tier III offenders shall remain on the public list contained in RSA 651-B:7 for life.
\t4 New Paragraph; Criminal Offender Registration; Sex Offender Registry. Amend RSA 651-B:6 by inserting after paragraph IV the following new paragraph:
\t\tV. Any offender who was convicted after a plea of guilty without a trial, prior to the establishment of the sex offender registry, may petition the court to have his or her name removed from such registry. The petition shall be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense. The court may grant the petition if the offender has not been convicted of any felony, class A misdemeanor, sexual offense, or offense against a child, has successfully completed any period of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court. Prior to granting any petition to remove an offender from the registry, the court shall provide notice to the county attorney who prosecuted the case, 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 of the registration requirements will assist the individual in the individual's rehabilitation and will be consistent with the public welfare.
\t5 Effective Date. This act shall take effect 60 days after its passage.