Text to be removed highlighted in red.
1 New Paragraphs; Prostitution and Related Offenses; Immunity From Prosecution. Amend RSA 645:2 by inserting after paragraph VI the following new paragraphs:
VII. As used in this section, "reports being the victim of a sexual assault" or other crime means reporting the initial crime to law enforcement and assisting law enforcement to identify the alleged perpetrator. It does not include further cooperation in prosecution.
VIII. It shall be a defense to a violation of this section that a person reports being the victim of a sexual assault as defined in RSA 632-A:2, 632-A:3, or 632-A:4, incest under RSA 639:2, or assault under RSA 631:1 through RSA 631:2-b. A person who reports being the victim of such an offense shall not be arrested, prosecuted, or convicted for a violation of this section if the evidence for the charge was gained as a proximate result of the person's reporting. Any victim seeking medical treatment following a sexual assault shall be afforded all options of care outlined in the New Hampshire attorney general's sexual assault medical forensic exam protocol without making a report to or cooperating with law enforcement.
IX. Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraph VIII. Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband. Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation who is not protected by the provisions of paragraph VIII.
2 Effective Date. This act shall take effect January 1, 2021.
Text to be added highlighted in green.
1 New Paragraphs; Prostitution and Related Offenses; Immunity From Prosecution. Amend RSA 645:2 by inserting after paragraph VI the following new paragraphs:
VII. As used in this section, "reports being the victim of a sexual assault" or other crime means reporting the initial crime to law enforcement and assisting law enforcement to identify the alleged perpetrator. It does not include further cooperation in prosecution.
VIII. It shall be a defense to a violation of this section that a person reports being the victim of a sexual assault as defined in RSA 632-A:2, 632-A:3, or 632-A:4, incest under RSA 639:2, or assault under RSA 631:1 through RSA 631:2-b. A person who reports being the victim of such an offense shall not be arrested, prosecuted, or convicted for a violation of this section if the evidence for the charge was gained as a proximate result of the person's reporting. Any victim seeking medical treatment following a sexual assault shall be afforded all options of care outlined in the New Hampshire attorney general's sexual assault medical forensic exam protocol without making a report to or cooperating with law enforcement.
IX. Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraph VIII. Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband. Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation who is not protected by the provisions of paragraph VIII.
2 Effective Date. This act shall take effect January 1, 2021.