CHAPTER 197
SB 468-FN - FINAL VERSION
03/03/2016 0589s
20Apr2016... 1232h
2016 SESSION
\t16-2861
\t04/03
SENATE BILL\t468-FN
AN ACT\trelative to changes to the sex offender registry.
SPONSORS:\tSen. Bradley, Dist 3; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Forrester, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Lasky, Dist 13; Sen. Pierce, Dist 5; Sen. Soucy, Dist 18; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Webb, Rock. 6; Rep. Shurtleff, Merr. 11; Rep. Eaton, Ches. 3; Rep. Baldasaro, Rock. 5; Rep. Tholl, Coos 5; Rep. Hinch, Hills. 21; Rep. Umberger, Carr. 2; Rep. Wall, Straf. 6; Rep. M. Hennessey, Graf. 12; Rep. Crawford, Carr. 4
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill amends the duration of registration requirements for certain sex offenders.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/03/2016 0589s
20Apr2016... 1232h\t16-2861
\t04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to changes to the sex offender registry.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t197:1 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, III(a)(1) to read as follows:
\t\t(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.
\t197:2 New Paragraph; Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6 by inserting after paragraph IV the following new paragraph:
\t\tV.(a) Any tier II or tier III offender who was convicted prior to the establishment of the sex offender registry may petition the court to be relieved from the registration requirements under this chapter. The petition shall include the petitioner’s current address and information about each conviction for which he or she is required to register, including the nature of the offense, the sentence imposed, and the court and the jurisdiction in which the petitioner was convicted. The petition shall be accompanied by a certified copy of the petitioner’s criminal history record from each jurisdiction in which he or she is required to register. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence, including any period of supervised release. The petition shall also be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense, which indicates that the petitioner is not a danger to the public and no longer poses a risk sufficient to justify continued registration. The petition shall be filed in the county where the most recent predicate conviction occurred, except if the most recent predicate conviction occurred in another state or jurisdiction, the petition shall be filed in the county where the petitioner resides. Such petition shall not be filed as or addressed as part of a criminal case.
\t\t\t(b) Prior to granting any petition to relieve an offender from the registration requirements under this chapter, the court shall hold a hearing on the petition. The court shall provide notice of the hearing at least 60 days prior to the hearing to the county attorney, the department of safety sex offender unit, and the department of corrections. The county attorney shall use reasonable efforts to notify the victim or victim’s family. The court shall permit those parties to be heard on the petition. The victim may appear personally, or through a representative, or may provide a written statement expressing 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 when making a decision regarding the petition.
\t\t\t(c) The court may grant the petition if the offender has not been convicted of any subsequent offense requiring registration, has successfully completed any period of supervised release, probation, or parole, has successfully completed an appropriate sex offender treatment program as determined by the court, and has demonstrated that he or she is no longer a danger to the public and no longer poses a risk sufficient to justify continued registration. If the court denies the petition, the offender shall not file another petition for 5 years from the date of denial.
\t197:3 Registration of Criminal Offenders; Hearing. Amend RSA 651-B:10, I to read as follows:
\t\tI. Any offender required to register for an offense committed in another state, country, territory, or tribal territory, or under federal law that is determined to be a reasonably equivalent offense to an offense listed in RSA 651-B:1, V(a) or RSA 651-B:1, VII(a) or (b) may appeal that determination to the commissioner. The offender shall, within 10 days of notification, request a hearing on the matter before the commissioner. If such a request is made, the commissioner shall promptly schedule and conduct a hearing pursuant to rules adopted under RSA 541-A. [The offender] Either party shall have the right to appeal the commissioner's decision in superior court.
\t197:4 Effective Date. This act shall take effect upon its passage.
Approved: June 6, 2016
Effective Date: June 6, 2016