HB1263 (2020) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

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 and is under the age of 18 at the time the claim is filed ;

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.

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.

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

Changed Version

Text to be added highlighted in green.

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 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 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.