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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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.
| 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 |
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
May 10, 2018: Enrolled 05/10/2018
May 10, 2018: Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018: Enrolled Bill Amendment # 2018-1939e: AA VV 05/10/2018
May 10, 2018: Enrolled Bill Amendment # 2018-1939e Adopted, VV, (In recess of 05/10/2018); SJ 18
May 2, 2018: Ought to Pass: MA, VV; OT3rdg; 05/02/2018; SJ 15
May 2, 2018: Committee Report: Ought to Pass, 05/02/2018; Vote 5-0; CC SC 19
April 3, 2018: Hearing: 04/03/2018, Room 100, SH, 09:45 am; SC 15
March 22, 2018: Introduced 03/22/2018 and Referred to Judiciary; SJ 11
March 21, 2018: Ought to Pass: MA RC 309-9 03/21/2018 HJ 9 P. 59
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
: Special Order to 3/15/2018 Without Objection HJ 7 P. 49
March 6, 2018: Suspend House Rule 65 (Reps. Hinch, Shurtleff): MA VV by necessary two-thirds vote 03/06/2018 HJ 6 P. 125
March 6, 2018: Removed from Consent (Rep. Stone) 03/06/2018 HJ 6 P. 4
: Committee Report: Ought to Pass (Vote 13-0; CC)
March 6, 2018: Committee Report: Ought to Pass for 03/06/2018 (Vote 13-0; CC) HC 9 P. 4
Feb. 21, 2018: ==RESCHEDULED== Executive Session: 02/21/2018 11:00 AM LOB 206
Feb. 20, 2018: Executive Session: 02/20/2018 11:00 AM LOB 206
Feb. 6, 2018: ==CONTINUED== Subcommittee Work Session: 02/06/2018 03:30 PM LOB 206
Jan. 30, 2018: ==RECESSED== Subcommittee Work Session: 01/30/2018 03:30 PM LOB 206
Jan. 29, 2018: ==RECESSED== Subcommittee Work Session: 01/29/2018 09:00 AM LOB 206
Jan. 16, 2018: Public Hearing: 01/16/2018 11:00 AM LOB 206
Jan. 3, 2018: Introduced 01/03/2018 and referred to Children and Family Law HJ 1 P. 16