CHAPTER 151
HB 189-FN - FINAL VERSION
2019 SESSION
19-0161
04/01
HOUSE BILL 189-FN
AN ACT establishing an exemption from criminal penalties for child sex trafficking victims.
SPONSORS: Rep. Massimilla, Graf. 1; Rep. Katsakiores, Rock. 6; Rep. Mangipudi, Hills. 35; Rep. T. Smith, Hills. 17; Rep. Ebel, Merr. 5; Rep. Klee, Hills. 30; Rep. Hennessey, Graf. 1
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill exempts juvenile victims of human trafficking from prosecution for certain conduct chargeable as a criminal offense which was committed as a result of being trafficked. The bill also allows juvenile victims of human trafficking to petition to vacate a delinquency adjudication resulting from participating in conduct that was the direct result of being trafficked.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0161
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT establishing an exemption from criminal penalties for child sex trafficking victims.
Be it Enacted by the Senate and House of Representatives in General Court convened:
151:1 Trafficking in Persons. Amend RSA 633:7, VI to read as follows:
VI.(a) A victim under this section who was under 18 years of age at the time of the offense shall not be subject to juvenile delinquency proceeding under RSA 169-B, or prosecuted for conduct chargeable as indecent exposure and lewdness under RSA 645:1 [or], prostitution under RSA 645:2, or any other misdemeanor or class B felony, where the conduct was committed as a direct result of being trafficked, provided that the conduct chargeable did not involve an act of violence as defined in RSA 625:9, VII.
(b) An individual convicted, or adjudicated as delinquent, for the commission of an offense [under RSA 645:1 or RSA 645:2 for conduct] set forth in subparagraph (a) which was committed as a direct result of being a victim of human trafficking may file a motion with the circuit court, district division, to vacate the conviction or adjudication. A copy of the motion shall be provided to the agency that prosecuted the offense. After a hearing, the court may grant the request upon a finding, by clear and convincing evidence, that the defendant's participation in the offense was a direct result of being trafficked.
(c) The defendant shall not be required to provide any official documentation indicating that he or she was a victim of trafficking, but such documentation, if provided, shall create the presumption that the defendant's participation in the offense was a direct result of being a victim of trafficking.
151:2 Effective Date. This act shall take effect January 1, 2020.
Approved: July 01, 2019
Effective Date: January 01, 2020
| Date | Body | Type |
|---|---|---|
| Jan. 9, 2019 | House | Hearing |
| Jan. 15, 2019 | House | Hearing |
| Jan. 17, 2019 | House | Exec Session |
| House | Floor Vote | |
| Jan. 31, 2019 | House | Floor Vote |
| April 2, 2019 | Senate | Hearing |
| May 23, 2019 | Senate | Floor Vote |
July 1, 2019: Signed by Governor Sununu 07/01/2019; Chapter 151; Eff: 01/01/2020
June 6, 2019: Enrolled 06/06/2019 HJ 18 P. 47
June 6, 2019: Enrolled (In recess 06/06/2019); SJ 20
May 23, 2019: Ought to Pass: MA, VV; OT3rdg; 05/23/2019; SJ 17
May 23, 2019: Committee Report: Ought to Pass, 05/23/2019; Vote 5-0; CC SC 23
April 2, 2019: Hearing: 04/02/2019, Room 100, SH, 09:10 am; SC 16
March 7, 2019: Introduced 03/07/2019 and Referred to Judiciary; SJ 8
Jan. 31, 2019: Ought to Pass: MA VV 01/31/2019 HJ 4 P. 4
: Committee Report: Ought to Pass (Vote 20-0; CC)
Jan. 31, 2019: Committee Report: Ought to Pass for 01/31/2019 (Vote 20-0; CC) HC 9 P. 3
Jan. 17, 2019: Executive Session: 01/17/2019 11:00 am LOB 204
Jan. 15, 2019: ==CONTINUED== Public Hearing: 01/15/2019 11:00 am LOB 204
Jan. 9, 2019: ==RECESSED== Public Hearing: 01/09/2019 10:30 am LOB 204
Jan. 2, 2019: Introduced 01/02/2019 and referred to Criminal Justice and Public Safety HJ 2 P. 40