HB189 (2019) Detail

Establishing an exemption from criminal penalties for child sex trafficking victims.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

 

 

Links

HB189 at GenCourtMobile
HB189 Discussion

Action Dates

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

Bill Text Revisions

HB189 Revision: 6490 Date: Dec. 3, 2019, 1:22 p.m.
HB189 Revision: 6488 Date: July 2, 2019, 11:08 a.m.
HB189 Revision: 6484 Date: July 2, 2019, 9:41 a.m.
HB189 Revision: 6038 Date: May 23, 2019, 12:47 p.m.
HB189 Revision: 4404 Date: Dec. 26, 2018, 2:30 p.m.

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Criminal Justice and Public Safety HJ 2 P. 40
Jan. 9, 2019 ==RECESSED== Public Hearing: 01/09/2019 10:30 am LOB 204
Jan. 15, 2019 ==CONTINUED== Public Hearing: 01/15/2019 11:00 am LOB 204
Jan. 17, 2019 Executive Session: 01/17/2019 11:00 am LOB 204
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. 31, 2019 Ought to Pass: MA VV 01/31/2019 HJ 4 P. 4
March 7, 2019 Introduced 03/07/2019 and Referred to Judiciary; SJ 8
April 2, 2019 Hearing: 04/02/2019, Room 100, SH, 09:10 am; SC 16
May 23, 2019 Committee Report: Ought to Pass, 05/23/2019; Vote 5-0; CC SC 23
May 23, 2019 Ought to Pass: MA, VV; OT3rdg; 05/23/2019; SJ 17
June 6, 2019 Enrolled (In recess 06/06/2019); SJ 20
June 6, 2019 Enrolled 06/06/2019 HJ 18 P. 47
July 1, 2019 Signed by Governor Sununu 07/01/2019; Chapter 151; Eff: 01/01/2020