SB584 (2018) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Chapter; Electroconvulsive Therapy. Amend RSA by inserting after chapter 329-C the following new chapter:

CHAPTER 329-D

ELECTROCONVULSIVE THERAPY

329-D:1 Electroconvulsive Therapy; When Prohibited.

I. No person shall administer electroconvulsive therapy, also known as ECT, electroshock, or electroshock therapy, to a person who is 16 years of age or younger.

II. A person commits an offense under this chapter if the person intentionally causes, conspires with another to cause, or assists another to cause a person 16 years of age or younger to be administered electroconvulsive therapy.

329-D:2 Criminal Penalty; Civil Remedy.

I. Any person convicted of violating RSA 329-D:1 shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person, and subject to a fine of not more than $100,000.

II. A victim may bring a civil action against any person who commits an offense under this chapter for damages and for such equitable relief, including an injunction, as the court deems necessary and proper.

III. Nothing in this section shall preclude the victim from pursuing any other remedy available under federal or state law.

2 Effective Date. This act shall take effect January 1, 2019.

Changed Version

Text to be added highlighted in green.

1 New Chapter; Electroconvulsive Therapy. Amend RSA by inserting after chapter 329-C the following new chapter:

CHAPTER 329-D

ELECTROCONVULSIVE THERAPY

329-D:1 Electroconvulsive Therapy; When Prohibited.

I. No person shall administer electroconvulsive therapy, also known as ECT, electroshock, or electroshock therapy, to a person who is 16 years of age or younger.

II. A person commits an offense under this chapter if the person intentionally causes, conspires with another to cause, or assists another to cause a person 16 years of age or younger to be administered electroconvulsive therapy.

329-D:2 Criminal Penalty; Civil Remedy.

I. Any person convicted of violating RSA 329-D:1 shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person, and subject to a fine of not more than $100,000.

II. A victim may bring a civil action against any person who commits an offense under this chapter for damages and for such equitable relief, including an injunction, as the court deems necessary and proper.

III. Nothing in this section shall preclude the victim from pursuing any other remedy available under federal or state law.

2 Effective Date. This act shall take effect January 1, 2019.