SB 506-FN - VERSION ADOPTED BY BOTH BODIES
03/07/2024 0864s
2024 SESSION
24-2904
11/05
SENATE BILL 506-FN
SPONSORS: Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Sen. Whitley, Dist 15; Sen. Altschiller, Dist 24; Rep. Lynn, Rock. 17; Rep. Moffett, Merr. 4
COMMITTEE: Judiciary
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ANALYSIS
This bill aligns other statutes with the juvenile delinquency statute, RSA 169-B, which provides that a delinquent includes anyone under 18 years of age.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/07/2024 0864s 24-2904
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities; Definition; Child. Amend RSA 126-U:1, I to read as follows:
I. "Child" means a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of [17] 18 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26. "Child" also includes a person in actual attendance at a school who is less than 22 years of age and who has not received a high school diploma.
2 Arrest Records; Criminal Record Check. Amend RSA RSA 594:14-a, I to read as follows:
I. For the purposes of this section, an "arrest record" means a record created by law enforcement personnel to document the arrest of an individual [17] 18 years of age or older. Arrest records are "governmental records" as defined in RSA 91-A and subject to disclosure in accordance with that chapter, with the exception noted in RSA 106-B:14.
3 Pleas and Refusal to Plead; Minors, etc. Amend RSA 605:1 to read as follows:
605:1 Minors, etc. No minor under the age of [17] 18 years, except with the consent of [his] the minor's parent, nor any person supposed to be of unsound mind shall be permitted to plead guilty or shall be put upon trial until counsel has been appointed to advise him or her and conduct [his] a defense. If such person is poor, witnesses may, on motion of his or her counsel, be summoned in [his] the person's behalf at the expense of the county.
4 Place of Committal. Amend RSA 618:6 to read as follows:
618:6 Place of Committal. Any person sentenced to pay a fine shall be ordered to be imprisoned until sentence is performed, or he or she is otherwise legally discharged, in the county correctional facility in which the crime was committed. This section shall not be construed as authorizing the confinement of any juvenile under the age of [17] 18 years in a county correctional facility for the nonpayment of a fine.
5 Duration of Registration. Amend RSA 651-B:6, IV to read as follows:
IV. Registration of any juvenile required to register pursuant to RSA 651-B:1, XI(a)(3) or (4) shall end when the juvenile turns [17] 18 years of age unless the court which adjudicated the juvenile as a delinquent retains jurisdiction over the juvenile pursuant to RSA 169-B:4, V, in which case registration of the juvenile shall end when the court terminates jurisdiction over the juvenile's case. When the registration of a juvenile terminates, the department shall remove information relating to the juvenile from the SOR system and records of the juvenile's registration shall be handled in accordance with RSA 169-B:35 and RSA 169-B:36.
6 Delinquent Children; Shelter Care. Amend RSA 169-B:2, XV to read as follows:
XV. "Shelter care facility" means a non-secure or staff-secure facility for the temporary care of children [no less than 11 nor more than 17] who are at least 11 and under 18 years of age. Shelter care facilities may be utilized for children prior to or following adjudication or disposition. A shelter care facility may not be operated in the same building as a facility for architecturally secure confinement of children or adults.
7 Children in Need of Services; Shelter Care. Amend RSA 169-D:2, XIV to read as follows:
XIV. "Shelter care facility" means a non-secure or staff-secure facility for the temporary care of children [no less than 11 nor more than 17] who are at least 11 and under 18 years of age. Shelter care facilities may be utilized for children prior to or following adjudication or disposition. A shelter care facility may not be operated in the same building as a facility for architecturally secure confinement of children or adults.
8 Residential Care and Health Facility Licensing; Criminal Record Check. Amend RSA 151:2-d, I to read as follows:
I. Every applicant for a license or certification to operate any facility or entity required to be licensed or certified under this chapter shall submit with the initial application for licensure or certification the results of a criminal records check for the applicant, the licensee, or certificate holder if other than the applicant, the administrator, and each household member [17] 18 years of age or older, if any, who reside at the facility for which the application for a license is submitted at the time of application and, subsequently for the duration of licensure or certification, for each new household member [17] 18 years of age or older.
9 Effective Date. This act shall take effect 60 days after its passage.
24-2904
Revised 2/27/24
SB 506-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
The Department of Health and Human Services, Department of Corrections, and New Hampshire Association of Counties state this bill, as introduced, will have no fiscal impact.
AGENCIES CONTACTED:
Department of Health and Human Services, Department of Corrections, and New Hampshire Association of Counties
| Date | Amendment |
|---|---|
| Feb. 27, 2024 | 2024-0864s |
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2024 | Senate | Hearing |
| March 7, 2024 | Senate | Floor Vote |
| April 2, 2024 | House | Hearing |
| April 2, 2024 | House | Exec Session |
| April 2, 2024 | House | Floor Vote |
April 11, 2024: Ought to Pass: MA VV 04/11/2024 HJ 11
April 3, 2024: Committee Report: Ought to Pass 04/02/2024 (Vote 13-0; CC) HC 14 P. 4
April 3, 2024: Executive Session: 04/02/2024 01:00 pm LOB 206-208
March 20, 2024: Public Hearing: 04/02/2024 01:00 pm LOB 206-208
March 12, 2024: Introduced 03/11/2024 and referred to Children and Family Law
March 7, 2024: Ought to Pass with Amendment 2024-0864s, MA, VV; OT3rdg; 03/07/2024; SJ 6
March 7, 2024: Committee Amendment # 2024-0864s, AA, VV; 03/07/2024; SJ 6
Feb. 27, 2024: Committee Report: Ought to Pass with Amendment # 2024-0864s, 03/07/2024; Vote 5-0; CC; SC 9A
Jan. 17, 2024: Hearing: 01/25/2024, Room 100, SH, 09:00 am; SC 4
Dec. 13, 2023: To Be Introduced 01/03/2024 and Referred to Judiciary; SJ 1