Bill Text - HB439 (2017)

(New Title) relative to the admissibility of proffered evidence in sexual assault cases.


Revision: March 30, 2017, 10:07 a.m.

HB 439 - AS AMENDED BY THE HOUSE

 

8Mar2017... 0319h

2017 SESSION

17-0072

04/09

 

HOUSE BILL 439

 

AN ACT relative to the admissibility of proffered evidence in sexual assault cases.

 

SPONSORS: Rep. Cushing, Rock. 21

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill establishes a procedure to determine the admissibility of proffered evidence in sexual assault cases.  

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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... 0319h 17-0072

04/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the admissibility of proffered evidence in sexual assault cases.

 

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

 

1  New Paragraph; Sexual Assault and Related Offenses; Testimony and Evidence.  Amend RSA 632-A:6 by inserting after paragraph II the following new paragraph:

II-a.  Proffered evidence excluded under this section, and related pleadings, shall remain under seal and exempt from public disclosure unless and until the New Hampshire supreme court overturns the trial court’s evidentiary ruling, in which case only the evidence that the supreme court rules admissible would be subject to public disclosure.

2  Effective Date.  This act shall take effect 60 days after its passage.