SB9 (2017) Detail

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


CHAPTER 92

SB 9 - FINAL VERSION

 

02/16/2017   0358s

2017 SESSION

17-0786

04/03

 

SENATE BILL 9

 

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

 

SPONSORS: Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Giuda, Dist 2; Rep. Burt, Hills. 39; Rep. Hoell, Merr. 23; Rep. LeBrun, Hills. 32; Rep. Kotowski, Merr. 24

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/16/2017   0358s 17-0786

04/03

 

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:

 

92:1  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.(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.

(b)  For purposes of this section, “sexual activity” includes any conduct or behavior relating to sexual activities of the victim, including but not limited to, previous or subsequent experience of sexual penetration or sexual contact, sexual predisposition, thoughts or expressions related to sexual issues, use of contraceptives, sexual activities reflected in medical and counseling records, living arrangements, and lifestyle.

92:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 07, 2017

Effective Date: August 06, 2017

Links

SB9 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 Senate Hearing
Feb. 16, 2017 Senate Floor Vote
March 28, 2017 House Hearing
April 25, 2017 House Exec Session
May 4, 2017 House Floor Vote

Bill Text Revisions

SB9 Revision: 1297 Date: June 12, 2017, 8:48 a.m.
SB9 Revision: 1298 Date: May 4, 2017, 2:45 p.m.
SB9 Revision: 1299 Date: Feb. 16, 2017, 4:26 p.m.
SB9 Revision: 1300 Date: Jan. 23, 2017, 11:23 p.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and Referred to Judiciary; SJ 4
Jan. 24, 2017 Hearing: 01/24/2017, Room 100, SH, 09:00 am; SC 7
Feb. 16, 2017 Committee Report: Ought to Pass with Amendment # 2017-0358s, 02/16/2017; SC 10
Feb. 16, 2017 Committee Amendment # 2017-0358s, AA, VV; 02/16/2017; SJ 6
Feb. 16, 2017 Ought to Pass with Amendment 2017-0358s, MA, VV; OT3rdg; 02/16/2017; SJ 6
Feb. 16, 2017 Introduced 02/16/2017 and referred to Judiciary HJ 8 P. 44
March 28, 2017 Public Hearing: 03/28/2017 10:30 AM LOB 208
April 25, 2017 Executive Session: 04/25/2017 10:00 AM LOB 208
May 4, 2017 Majority Committee Report: Ought to Pass for 05/04/2017 (Vote 11-4; RC) HC 22 P. 8
Minority Committee Report: Inexpedient to Legislate
May 4, 2017 Ought to Pass: MA RC 328-30 05/04/2017 HJ 15 P. 25
May 4, 2017 Enrolled 05/04/2017 HJ 15 P. 48
May 11, 2017 Enrolled (In recess 05/11/2017); SJ 17
Aug. 6, 2017 Signed by the Governor on 06/07/2017; Chapter 0092; Effective 08/06/2017