HB1263 (2020) Detail

Relative to victims compensation fund eligibility.


HB 1263 - AS INTRODUCED

 

 

2020 SESSION

20-2637

04/01

 

HOUSE BILL 1263

 

AN ACT relative to victims compensation fund eligibility.

 

SPONSORS: Rep. Massimilla, Graf. 1; Rep. Katsakiores, Rock. 6; Rep. Klee, Hills. 30; Rep. Lundgren, Rock. 5; Rep. Mangipudi, Hills. 35; Rep. T. Smith, Hills. 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill amends the provisions of the victims' compensation fund by permitting claims for victims of human trafficking, allowing claims based on sexual abuse or human trafficking to be filed at any time, and eliminating the consideration of contributory negligence in claims based on sexual abuse or human trafficking.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2637

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to victims compensation fund eligibility.

 

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

 

1  Department of Justice; Claimant Eligibility; Compensation.  Amend RSA 21-M:8-h, I(a)(3) to read as follows:

(3)  Any person who is a victim of sexual abuse or human trafficking and is under the age of 18 at the time [the claim is filed] of the offense;

2  Department of Justice; Claimant Eligibility; Compensation.  Amend RSA 21-M:8-h, II-IV to read as follows:

II.  The claimant, guardian ad litem or child advocate, or parent may file a claim for compensation within 2 years of the crime, unless good cause is shown.  A claimant who was the victim of sexual abuse or human trafficking under subparagraph I(a)(3), or a guardian ad litem, child advocate, or parent on behalf of such claimant, may file a claim at any time.

III.  A claimant shall not be deemed ineligible for compensation based solely upon failure to apprehend the offender, or based [solely] upon failure of the state to obtain a conviction against the offender, providing there is reasonable evidence to sustain the claim that a crime had been committed which resulted in injury to the victim.

IV.  The commission may consider the finding of innocence or guilt of the alleged offender in arriving at their determination of eligibility of the claimant.  In determining eligibility and the amount of compensation to be awarded, the commission shall consider the contributory fault of the victim in causing his injury.  If compensation is paid to members of the accused's immediate family, or persons who reside with or who have maintained a continuous relationship with the accused, the accused shall receive no benefit or enrichment as a result of payment of such compensation.  The commission shall not consider contributory fault in determining the amount of compensation to be awarded if the claimant was a victim of sexual abuse or human trafficking under subparagraph I(a)(3).  

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

Links

HB1263 at GenCourtMobile
HB1263 Discussion

Action Dates

Date Body Type
Feb. 12, 2020 House Hearing
Feb. 18, 2020 House Hearing
Feb. 25, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote

Bill Text Revisions

HB1263 Revision: 6915 Date: Dec. 2, 2019, 1:31 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 15
Feb. 12, 2020 ==CANCELLED== Public Hearing: 02/12/2020 11:00 am LOB 204
Feb. 18, 2020 Public Hearing: 02/18/2020 10:30 am LOB 204
Feb. 25, 2020 Executive Session: 02/25/2020 01:00 pm LOB 204
March 11, 2020 Committee Report: Ought to Pass for 03/11/2020 (Vote 18-2; CC) HC 10 P. 9
Committee Report: Ought to Pass (Vote 18-2; CC)
March 11, 2020 Ought to Pass: MA VV 03/11/2020 HJ 7 P. 12
June 16, 2020 Introduced 06/16/2020, and Laid on Table, MA, VV; 06/16/2020; SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8