Amendment 2025-0167h to HB369 (2025)

Relative to misdemeanor sexual assault prosecutions.


Revision: Feb. 4, 2025, 12:18 p.m.

Rep. Kuttab, Rock. 17

Rep. Turer, Rock. 6

January 29, 2025

2025-0167h

09/08

 

 

Amendment to HB 369-FN

 

Amend the bill by replacing section 3 with the following:

 

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.

2025-0167h

AMENDED ANALYSIS

 

This bill 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.