Bill Text - HB1564 (2018)

Relative to sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim.


Revision: June 5, 2018, 9:42 a.m.

CHAPTER 159

HB 1564-FN - FINAL VERSION

 

04/12/2018   1333s

26Apr2018... 1818-EBA

2018 SESSION

18-2183

04/03

 

HOUSE BILL 1564-FN

 

AN ACT relative to sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Welch, Rock. 13; Rep. Pantelakos, Rock. 25; Rep. Shurtleff, Merr. 11; Rep. Hinch, Hills. 21; Rep. O'Leary, Hills. 13; Rep. Gargasz, Hills. 27; Rep. Keans, Straf. 23; Rep. Altschiller, Rock. 19; Sen. Carson, Dist 14; Sen. Lasky, Dist 13; Sen. Bradley, Dist 3; Sen. Woodburn, Dist 1; Sen. Hennessey, Dist 5

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill amends the elements necessary for charging aggravated felonious sexual assault in cases where the victim is incarcerated in a correctional facility or is detained in any other setting in which the victim is not free to leave.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/12/2018   1333s

26Apr2018... 1818-EBA 18-2183

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim.

 

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

 

159:1  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(n)(1) to read as follows:

(1)  When the actor has direct supervisory [or], disciplinary, or other authority authorized by law over, or direct responsibility for maintaining detention of, the victim by virtue of the victim being detained or incarcerated in a correctional institution, the secure psychiatric unit, [or] a juvenile detention facility [where the actor is employed], or any other setting in which the victim is not free to leave; or

159:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: June 04, 2018

Effective Date: June 04, 2018

 

 

CHAPTER 159

HB 1564-FN - FINAL VERSION

 

04/12/2018   1333s

26Apr2018... 1818-EBA

2018 SESSION

18-2183

04/03

 

HOUSE BILL 1564-FN

 

AN ACT relative to sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. Welch, Rock. 13; Rep. Pantelakos, Rock. 25; Rep. Shurtleff, Merr. 11; Rep. Hinch, Hills. 21; Rep. O'Leary, Hills. 13; Rep. Gargasz, Hills. 27; Rep. Keans, Straf. 23; Rep. Altschiller, Rock. 19; Sen. Carson, Dist 14; Sen. Lasky, Dist 13; Sen. Bradley, Dist 3; Sen. Woodburn, Dist 1; Sen. Hennessey, Dist 5

 

COMMITTEE: Criminal Justice and Public Safety

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill amends the elements necessary for charging aggravated felonious sexual assault in cases where the victim is incarcerated in a correctional facility or is detained in any other setting in which the victim is not free to leave.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

04/12/2018   1333s

26Apr2018... 1818-EBA 18-2183

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim.

 

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

 

159:1  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(n)(1) to read as follows:

(1)  When the actor has direct supervisory [or], disciplinary, or other authority authorized by law over, or direct responsibility for maintaining detention of, the victim by virtue of the victim being detained or incarcerated in a correctional institution, the secure psychiatric unit, [or] a juvenile detention facility [where the actor is employed], or any other setting in which the victim is not free to leave; or

159:2  Effective Date.  This act shall take effect upon its passage.

 

Approved: June 04, 2018

Effective Date: June 04, 2018