Bill Text - SB391 (2018)

(New Title) relative to sexual assault survivors' rights.


Revision: April 26, 2018, 12:08 p.m.

SB 391-FN - AS AMENDED BY THE HOUSE

 

03/08/2018   0956s

19Apr2018... 1311h

2018 SESSION

18-2902

04/10

 

SENATE BILL 391-FN

 

AN ACT relative to sexual assault survivors' rights.

 

SPONSORS: Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Rep. Cushing, Rock. 21

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill codifies the rights of sexual assault survivors.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/08/2018   0956s

19Apr2018... 1311h 18-2902

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to sexual assault survivors' rights.

 

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

 

1  New Subdivision; Department of Justice; Sexual Assault Survivors' Rights.  Amend RSA 21-M by inserting after section 17 the following new subdivision:

Sexual Assault Survivors' Rights

21-M:18  Sexual Assault Survivors' Rights.  

I.  In addition to the rights of a crime victim provided in RSA 21-M:8-k, a sexual assault survivor shall have the following rights:

(a)  The right not to be prevented from, or charged for, receiving a medical examination.

(b)  The right to:

(1)  Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;

(2)  Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and

(3)  Be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.

(c)  The right, if the state intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration date of the maximum applicable statute of limitations, to:

(1)  Upon written request, receive written notification from the prosecutor or appropriate state official with custody not later than 60 days before the date of the intended destruction or disposal; and

(2)  Upon written request, be granted further preservation of the kit or its probative contents.

(d)  The right to be informed of the rights under this section.

II.  In this subdivision, "sexual assault survivor" includes a deceased victim of sexual assault.  

21-M:19  Notification of Sexual Assault Survivors' Rights.  

I.  The attorney general shall provide written notice regarding sexual assault survivors' rights in RSA 21-M:18 to medical centers, hospitals, forensic examiners, sexual assault service providers, state and local law enforcement agencies, and any other state agency or department reasonably likely to serve sexual assault survivors; and shall make the information set forth in RSA 21-M:18 publicly available on the attorney general's Internet website.

II.  In addition to the rights set forth in RSA 21-M:18, the attorney general shall provide written notice of the following rights to those entities listed in paragraph I:

(a)  The right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit.

(b)  The right to have a medical examination regardless of whether the survivor reports to or cooperates with law enforcement, and the right to have such examination at no cost pursuant to RSA 21-M:8-c.

(c)  The availability of assistance from the office of victim/witness assistance pursuant to RSA 21-M:8-b.

(d)  The availability of protective orders and policies related to their enforcement.

(e)  Policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits.

(f)  The process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits.

(g)  The availability of victim's compensation and restitution pursuant to RSA 21-M:8-k.

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

 

LBAO

18-2902

Amended 3/12/18

 

SB 391-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-0956s)

 

AN ACT establishing a sexual assault survivors' rights commission.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill would establish a sexual assault survivors' rights commission on which the Attorney General or designee would serve.  The Department anticipates membership on the commission will require a significant amount of time beyond the maximum 5 meetings per year.  The Department indicates the fiscal impact of the bill is indeterminable because it is uncertain how many meetings would be needed to accomplish the tasks associated with the bill.

 

AGENCIES CONTACTED:

Department of Justice