HB1586 (2018) Detail

Relative to judicial review for underage marriage.


CHAPTER 271

HB 1586 - FINAL VERSION

 

10May2018... 1939-EBA

2018 SESSION

18-2361

05/03

 

HOUSE BILL 1586

 

AN ACT relative to judicial review for underage marriage.

 

SPONSORS: Rep. Cilley, Straf. 4; Rep. Altschiller, Rock. 19; Rep. Gourgue, Straf. 25; Rep. Rosenwald, Hills. 30; Rep. Lerner, Rock. 4; Rep. Read, Rock. 17; Sen. Soucy, Dist 18

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill prohibits the court from granting permission for a marriage involving a minor if the other party, but for the marriage, would be guilty of sexual assault.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10May2018... 1939-EBA 18-2361

05/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to judicial review for underage marriage.

 

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

 

271:1  Marriages; Granting of Permission.  Amend RSA 457:7 to read as follows:

457:7  Granting of Permission.  

I.  Such justice or judge shall at once hear the parties, and, if satisfied that special cause exists making such marriage desirable, shall grant permission therefor, which shall be filed with the court and shall be reported to the division of vital records.  The division shall note the fact of the granting of such permission upon the certificate and upon all copies thereof which are by law required to be kept.

II.  In no circumstance shall a justice or judge grant permission to marry under this section if sexual contact or sexual penetration between the parties would, but for the solemnization of the proposed marriage, constitute sexual assault, felonious sexual assault, or aggravated felonious sexual assault under RSA 632-A.

271:2  Marriages; Granting of Permission.  Amend RSA 457:7 to read as follows:

457:7  Granting of Permission.  

I.  Such justice or judge shall at once hear the parties, and, if satisfied that it has been shown by clear and convincing evidence that the marriage is in the best interest of the person or persons below the age of consent, shall grant permission therefor, which shall be filed with the court and shall be reported to the division of vital records.  The division shall note the fact of the granting of such permission upon the certificate and upon all copies thereof which are by law required to be kept.

II.  In no circumstance shall a justice or judge grant permission to marry under this section if sexual contact or sexual penetration between the parties would, but for the solemnization of the proposed marriage, constitute sexual assault, felonious sexual assault, or aggravated felonious sexual assault under RSA 632-A.

271:3  Contingency.  If HB 1661 of the 2018 regular legislative session becomes law then section 2 of this act shall take effect January 1, 2019 at 12:01 a.m. and section 1 of this act shall not take effect.  If HB 1661 of the 2018 regular legislative session does not become law then section 1 of this act shall take effect January 1, 2019 and section 2 of this act shall not take effect.

271:4  Effective Date.  

I.  Sections 1 and 2 of this act shall take effect as provided in section 3 of this act.

II.  The remainder of this act shall take effect upon its passage.

 

Approved: June 18, 2018

Effective Date:

I. Sections 1 & 2 shall take effect as provided in section 3.

II. Remainder shall take effect June 18, 2018.

Links

HB1586 at GenCourtMobile

Action Dates

Date Body Type
Jan. 16, 2018 House Hearing
Feb. 20, 2018 House Exec Session
Feb. 21, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 15, 2018 House Floor Vote
April 3, 2018 Senate Hearing
May 2, 2018 Senate Floor Vote

Bill Text Revisions

HB1586 Revision: 4190 Date: June 20, 2018, 1:57 p.m.
HB1586 Revision: 3705 Date: May 15, 2018, 3:49 p.m.
HB1586 Revision: 3679 Date: May 2, 2018, 6:04 p.m.
HB1586 Revision: 2322 Date: Nov. 13, 2017, 9:23 a.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Children and Family Law HJ 1 P. 16
Jan. 16, 2018 Public Hearing: 01/16/2018 11:00 AM LOB 206
Jan. 29, 2018 ==RECESSED== Subcommittee Work Session: 01/29/2018 09:00 AM LOB 206
Jan. 30, 2018 ==RECESSED== Subcommittee Work Session: 01/30/2018 03:30 PM LOB 206
Feb. 6, 2018 ==CONTINUED== Subcommittee Work Session: 02/06/2018 03:30 PM LOB 206
Feb. 20, 2018 Executive Session: 02/20/2018 11:00 AM LOB 206
Feb. 21, 2018 ==RESCHEDULED== Executive Session: 02/21/2018 11:00 AM LOB 206
March 6, 2018 Committee Report: Ought to Pass for 03/06/2018 (Vote 13-0; CC) HC 9 P. 4
Committee Report: Ought to Pass (Vote 13-0; CC)
March 6, 2018 Removed from Consent (Rep. Stone) 03/06/2018 HJ 6 P. 4
March 6, 2018 Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 15, 2018 Suspend House Rule 65; extending deadline for action to 3/22/2018 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/15/2018 HJ 8 P. 69
March 21, 2018 Ought to Pass: MA RC 309-9 03/21/2018 HJ 9 P. 59
March 22, 2018 Introduced 03/22/2018 and Referred to Judiciary; SJ 11
April 3, 2018 Hearing: 04/03/2018, Room 100, SH, 09:45 am; SC 15
May 2, 2018 Committee Report: Ought to Pass, 05/02/2018; Vote 5-0; CC SC 19
May 2, 2018 Ought to Pass: MA, VV; OT3rdg; 05/02/2018; SJ 15
May 10, 2018 Enrolled Bill Amendment # 2018-1939e Adopted, VV, (In recess of 05/10/2018); SJ 18
May 10, 2018 Enrolled Bill Amendment # 2018-1939e: AA VV 05/10/2018
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
June 18, 2018 Signed by Governor Sununu 06/18/2018; Chapter 271; I. Sections 1 & 2 eff. as prov. in sec. 3; II. Rem. eff. 6/18/2018