SB9 (2017) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

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

Changed Version

Text to be added highlighted in green.

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