HB 1476 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1476
AN ACT expanding the notification process for victims of crime.
SPONSORS: Rep. Pepino, Hills 40; Rep. Knowles, Straf 11
COMMITTEE: Criminal Justice and Public Safety
This bill accords victims of crime the right to be notified of date changes of court proceedings, and to be informed of employer intercession services ensuring victims' employers will cooperate with the criminal justice system by minimizing loss of pay and benefits resulting from court appearances. The bill also requires that victims provide appropriate authorities with information concerning changes in their address or contact information.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2316
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT expanding the notification process for victims of crime.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rights of Crime Victims; Support Services and Notification Process. Amend RSA 21-M:8-k, II to read as follows:
II. To the extent that they can be reasonably guaranteed by the courts and by law enforcement and correctional authorities, and are not inconsistent with the constitutional or statutory rights of the accused, crime victims are entitled to the following rights:
(a) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
(b) The right to be informed about the criminal justice process and how it progresses.
(c) The right to be free from intimidation and to be reasonably protected from the accused throughout the criminal justice process.
(d) The right to be notified of all court proceedings and any changes of dates associated with those proceedings.
(e) The right to attend trial and all other court proceedings the accused has the right to attend.
(f) The right to confer with the prosecution and to be consulted about the disposition of the case, including plea bargaining.
(g) The right to have inconveniences associated with participation in the criminal justice process minimized.
(h) The right to be notified if presence in court is not required.
(i) The right to be informed about available resources, financial assistance, and social services including employer intercession services to ensure that employers of victims and witnesses cooperate with the criminal justice process in order to minimize an employee's loss of pay and other benefits resulting from court appearances.
(j) The right to restitution, as granted under RSA 651:62-67 or any other applicable state law, or victim's compensation, under RSA 21-M:8-h or any other applicable state law, for their losses.
(k) The right to be provided a secure, but not necessarily separate, waiting area during court proceedings.
(l) The right to be advised of case progress and final disposition.
(m) The right of confidentiality of the victim's address, place of employment, and other personal information.
(n) The right to the prompt return of property when no longer needed as evidence.
(o) The right to have input in the probation presentence report impact statement.
(p) The right to appear and make a written or oral victim impact statement at the sentencing of the defendant or, in the case of a plea bargain, prior to any plea bargain agreement.
(q) The right to be notified of an appeal, an explanation of the appeal process, the time, place and result of the appeal, and the right to attend the appeal hearing.
(r) The right to be notified and to attend sentence review hearings and sentence reduction hearings.
(s) The right to be notified of any change of status such as prison release, permanent interstate transfer, [or] escape, or change of name, and the date of the parole board hearing, when requested by the victim through the victim advocate.
(t) The right to address or submit a written statement for consideration by the parole board on the defendant's release and to be notified of the decision of the board, when requested by the victim through the victim advocate.
2 New Paragraph; Current Address On File. Amend RSA 21-M:8-k by inserting after paragraph II the following new paragraph:
II-a. Victims shall be advised that, in order to protect their right to receive notices and offer input, all agencies and persons having such duties must have current victim addresses and telephone numbers furnished by the victims.
3 Effective Date. This act shall take effect 60 days after its passage.