Bill Text - SB9 (2017)

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


Revision: Jan. 23, 2017, 11:23 p.m.

SB 9  - AS INTRODUCED

 

 

2017 SESSION

17-0786

04/03

 

SENATE BILL 9

 

AN ACT relative to the admissibility of prior consensual sexual activity 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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ANALYSIS

 

This bill provides that evidence of prior consensual sexual activity shall not be admitted in any appeal in any court in the state.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0786

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the admissibility of prior consensual sexual activity in sexual assault cases.

 

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

 

1  Sexual Assault and Related Offenses; Testimony and Evidence.  Amend RSA 632-A:6, II to read as follows:

II.  Prior consensual sexual activity between the victim and any person other than the actor shall not be admitted into evidence in any prosecution under this chapter or in any appeal in any court in the state.

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