HB397 (2017) Detail

Relative to juvenile justice procedures.


CHAPTER 180

HB 397 - FINAL VERSION

 

8Mar2017... 0665h

05/11/2017   1617s

1Jun2017... 1983-EBA

2017 SESSION

17-0719

05/03

 

HOUSE BILL 397

 

AN ACT relative to juvenile justice procedures.

 

SPONSORS: Rep. Walz, Merr. 23; Rep. Wallner, Merr. 10

 

COMMITTEE: Children and Family Law

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Prohibits the use of handcuffs and shackles on a minor who is the subject of a juvenile delinquency petition while the minor is in a court facility occupied by members of the public.

 

II.  Prohibits a prosecutor, law enforcement officer, or other state or municipal employee from advising a juvenile or the juvenile's parent or guardian to waive the right to counsel.

 

III.  Codifies the annulment procedure in 2015, 260:3, which provides for annulment of a criminal conviction if the criminal offense occurred between May 14, 2014 and July 1, 2015 and while the person was 17 years of age.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0665h

05/11/2017   1617s

1Jun2017... 1983-EBA 17-0719

05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to juvenile justice procedures.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

180:1  New Paragraph; Delinquent Children; Court Sessions; Use of Handcuffs.  Amend RSA 169-B:34 by inserting after paragraph IV the following new paragraph:

V.  No minor who is the subject of a petition filed pursuant to RSA 169-B:6 shall be held in or escorted through any part of a court facility that is occupied by the members of the public while the minor is in handcuffs, shackles, or other devices which would indicate that the minor is in law enforcement custody or subject to an order of confinement, unless no reasonable, alternative means of egress is available.

180:2  New Paragraph; Delinquent Children; Waiver of Counsel.  Amend RSA 169-B:12 by inserting after paragraph IV the following new paragraph:

V.  No prosecutor, law enforcement officer, juvenile probation and parole officer, juvenile parole board member, or any other state or municipal employee shall advise a juvenile to waive his or her  right to counsel under this chapter or under chapter 621, nor shall any such person advise a parent or guardian of a juvenile that the juvenile should waive his or her right to counsel, nor shall any such person provide information to a juvenile or the parent or guardian of a juvenile under circumstances which a reasonable person would know would encourage a waiver of the right to counsel.

180:3  New Section; Delinquent Children; Annulment.  Amend RSA 651 by inserting after section 5 the following new section:

651:5-a  Annulment of Criminal Record Based on Conduct Occurring Between May 14, 2014 and 31 July 1, 2015.  Notwithstanding any provision of RSA 651:5 to the contrary, any person convicted of a criminal offense which occurred between May 14, 2014 and July 1, 2015, and while the person was 17 years of age, shall be entitled to an annulment of such conviction upon application to the court.  This section shall not apply to any offenses which may continue to be prosecuted as an adult criminal offense after July 1, 2015 against persons who have not yet reached 18 years of age.  Annulment requests brought under this section shall not be subject to any filing fee, and may only be brought following the expiration of any sentence imposed by the court.  The only permitted basis for denial of an annulment request brought under this section is a written finding by the court, based on clear and convincing evidence, that the subject offense would have qualified for transfer to the superior court pursuant to RSA 169-B:24 and that the prosecution would have pursued such transfer.

180:4  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 29, 2017

Effective Date: August 28, 2017

Links

HB397 at GenCourtMobile

Action Dates

Date Body Type
Feb. 14, 2017 House Hearing
Feb. 22, 2017 House Hearing
Feb. 28, 2017 House Exec Session
March 8, 2017 House Floor Vote
April 25, 2017 Senate Hearing
May 11, 2017 Senate Floor Vote

Bill Text Revisions

HB397 Revision: 997 Date: July 3, 2017, 1:55 p.m.
HB397 Revision: 998 Date: June 6, 2017, 9:18 a.m.
HB397 Revision: 999 Date: May 11, 2017, 4:53 p.m.
HB397 Revision: 1000 Date: March 30, 2017, 8:33 a.m.
HB397 Revision: 1001 Date: Jan. 27, 2017, 1:53 p.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Children and Family Law HJ 3 P. 10
Feb. 14, 2017 ==RECESSED== Public Hearing: 02/14/2017 10:00 AM LOB 206
Feb. 22, 2017 ==CONTINUED== Public Hearing: 02/22/2017 10:00 AM LOB 303
Feb. 28, 2017 Executive Session: 02/28/2017 10:00 AM LOB 206
March 8, 2017 Committee Report: Ought to Pass with Amendment # 2017-0665h for 03/08/2017 (Vote 12-2; CC) HC 14 P. 4
March 8, 2017 Amendment # 2017-0665h: AA VV 03/08/2017 HJ 9 P. 7
March 8, 2017 Ought to Pass with Amendment 0665h: MA VV 03/08/2017 HJ 9 P. 7
March 9, 2017 Introduced 03/09/2017 and Referred to Judiciary; SJ 9
April 25, 2017 Hearing: 04/25/2017, Room 100, SH, 09:00 am; SC 19
May 11, 2017 Committee Report: Ought to Pass with Amendment # 2017-1617s, 05/11/2017; Vote 5-0; CC; SC 22
May 11, 2017 Committee Amendment # 2017-1617s, AA, VV; 05/11/2017; SJ 16
May 11, 2017 Ought to Pass with Amendment 2017-1617s, MA, VV; OT3rdg; 05/11/2017; SJ 16
May 18, 2017 House Concurs with Senate Amendment 1617s (Rep. K. Rice): MA VV 05/18/2017 HJ 16 P. 3
May 31, 2017 Enrolled Bill Amendment # 2017-1983e Adopted, VV, (In recess of 05/31/2017); SJ 19
June 1, 2017 Enrolled Bill Amendment # 2017-1983e: AA VV 06/01/2017 HJ 17 P. 149
June 8, 2017 Enrolled (In recess 06/08/2017); SJ 20
June 8, 2017 Enrolled 06/08/2017 HJ 18 P. 9
June 29, 2017 Signed by Governor Sununu 06/29/2017; Chapter 180; Eff. 8/28/2017