HB 369-FN - AS AMENDED BY THE SENATE
13Feb2025... 0167h
05/22/2025 2168s
2025 SESSION
25-0419
09/11
HOUSE BILL 369-FN
SPONSORS: Rep. Potenza, Straf. 19; Rep. Bjelobrk, Graf. 5; Rep. Kuttab, Rock. 17; Rep. Sabourin, Rock. 30; Rep. Lynn, Rock. 17; Rep. Burnham, Straf. 2; Sen. Ricciardi, Dist 9; Sen. Sullivan, Dist 18
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill:
1. Requires a defendant charged with a misdemeanor sexual assault of a minor under the age of 18 to elect whether to proceed in circuit court and waive his or her right to a jury trial or to immediately appeal to superior court for a jury trial.
2. Clarifies a sexual offender or offender against children's duty to report to local law enforcement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Feb2025... 0167h
05/22/2025 2168s
25-0419
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 District Courts; Jurisdiction; Appeals from Sentence. Amend RSA 502-A:12, I to read as follows:
I. A person sentenced by a district court for a class A misdemeanor after trial or after proceedings pursuant to [District Court Rule 2.14] Rule of Criminal Procedure 21(a) may appeal therefrom to the superior court for a jury trial as provided in RSA 599, except [in cases in district courts served by regional jury trial courts as provided in RSA 502-A:12-a] as provided in RSA 632-A:9-a.
2 Appeals from Convictions in Circuit Court. Amend RSA 599:1 to read as follows:
599:1 Appeals. Except as provided in RSA 632-A:9-a, a person convicted by a circuit court of a class A misdemeanor, at the time the sentence is declared, may appeal therefrom to obtain a de novo jury trial in the superior court, which shall hear the appeal. The appeal shall be entered by the defendant at the next return day unless for good cause shown the time is extended by the superior court. If, after a jury trial in the superior court, the defendant is found guilty, the superior court shall sentence the defendant, and the defendant may appeal questions of law arising therefrom to the supreme court. In the event the defendant waives the right to jury trial after the case has been appealed, the superior court shall forthwith remand the case to the circuit court for imposition of the sentence originally imposed by the circuit court, and the defendant may appeal questions of law arising therefrom to the supreme court. In all misdemeanor cases which are appealed to superior court, it shall be the duty of the superior court to transmit to the justice of the circuit court, within 10 days after the case is finally disposed of, a certificate showing the final disposition of the case.
3 New Section; Sexual Assault and Related Offenses; Cases Involving Misdemeanor Sexual Assaults Against Minors. Amend RSA 632-A by inserting after section 9 the following new section:
632-A:9-a Misdemeanor Sexual Assault Prosecutions with Victim Less Than 18 Years of Age.
I. In any prosecution for a violation of RSA 632-A:4 involving a victim less than 18 years of age at the time the prosecution is commenced, and which is brought in the circuit court, the defendant may elect to either:
(a) Appeal within 30 days after the arraignment to the superior court for a jury trial pursuant to the provisions of Rule of Criminal Procedure 21(a); or
(b) Proceed with a trial in the circuit court, which will constitute a waiver of the right to a jury trial and the right to appeal for a jury trial pursuant to RSA 502-A:12 and 599:1.
II. A circuit court shall not proceed with a trial under subparagraph I(b) unless it has conducted a colloquy with the defendant and finds that the defendant has knowingly, voluntarily, and intelligently waived his or her right to a jury trial.
4 Registration of Criminal Offenders; Duty to Report. Amend the introductory paragraph of RSA 651-B:4, I to read as follows:
I. Any sexual offender or offender against children residing in this state shall report in person to the local law enforcement agency. The offender shall report in person as set forth in this section within 5 business days after any of the following events: the person's release, the person's conviction of the sexual offense or offense against children if not incarcerated, the person's conviction of the sexual offense or offense against children if not immediately incarcerated, or [within 5 business days after] the person's date of establishment of residence, employment, or schooling in New Hampshire. If an offender has more than one residence, the offender shall report in person to the local law enforcement agency having jurisdiction over his or her primary residence and report the addresses of all his or her residences, including those outside of New Hampshire. The division shall notify the local law enforcement agencies having jurisdiction over the offender's other residences of the offender's address in their jurisdiction. Thereafter, the offender shall report as follows:
5 Effective Date. This act shall take effect January 1, 2026.
25-0419
2/19/25
HB 369-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2025-0167h)
AN ACT relative to misdemeanor sexual assault prosecutions.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2026 through 2028.
AGENCIES CONTACTED:
Judicial Branch
| Date | Amendment |
|---|---|
| Feb. 4, 2025 | 2025-0167h |
| May 14, 2025 | 2025-2168s |
| Date | Body | Type |
|---|---|---|
| Jan. 29, 2025 | House | Hearing |
| Jan. 29, 2025 | House | Exec Session |
| Feb. 3, 2025 | House | Floor Vote |
| March 14, 2025 | House | Exec Session |
| March 19, 2025 | House | Exec Session |
| March 19, 2025 | House | Floor Vote |
| April 17, 2025 | Senate | Hearing |
| May 13, 2025 | Senate | Hearing |
| May 13, 2025 | Senate | Hearing |
| May 22, 2025 | Senate | Floor Vote |
May 22, 2025: Ought to Pass with Amendment #2025-2168s, MA, VV; OT3rdg; 05/22/2025; SJ 14
May 22, 2025: Committee Amendment # 2025-2168s, AA, VV; 05/22/2025; SJ 14
May 14, 2025: Committee Report: Ought to Pass with Amendment # 2025-2168s, 05/22/2025; Vote 3-0; CC; SC 22
May 8, 2025: Hearing: 05/13/2025, Room 100, SH, 02:30 pm, on proposed amendment #2025-1875s; SC 21
May 8, 2025: Hearing: 05/13/2025, Room 100, SH, 02:10 pm, on proposed amendment #2025-1875s; SC 21
April 10, 2025: Hearing: 04/17/2025, Room 100, SH, 01:10 pm; SC 17
March 28, 2025: Introduced 03/27/2025 and Referred to Judiciary; SJ 10
March 26, 2025: Ought to Pass: MA VV 03/26/2025 HJ 10 P. 11
March 19, 2025: Committee Report: Ought to Pass 03/19/2025 (Vote 14-1; CC) HC 17 P. 9
March 10, 2025: Executive Session: 03/19/2025 10:00 am LOB 202-204
March 6, 2025: ==CANCELLED== Executive Session: 03/14/2025 10:00 am LOB 202-204
Feb. 13, 2025: Referred to Criminal Justice and Public Safety 02/13/2025 HJ 5 P. 39
Feb. 13, 2025: Ought to Pass with Amendment 2025-0167h: MA VV 02/13/2025 HJ 5 P. 38
Feb. 13, 2025: Amendment # 2025-0167h: AA VV 02/13/2025 HJ 5 P. 38
Feb. 4, 2025: Committee Report: Ought to Pass with Amendment # 2025-0167h 02/03/2025 (Vote 11-1; RC) HC 11 P. 15
Feb. 4, 2025: Executive Session: 01/29/2025 11:00 am LOB 206-208
Jan. 15, 2025: Public Hearing: 01/29/2025 11:00 am LOB 206-208
Jan. 8, 2025: Introduced 01/08/2025 and referred to Judiciary HJ 2 P. 17