29mar01...0171h

6/12/01 1588s

26june01...1728CofC

2001 SESSION

01-0261

04/01

HOUSE BILL 475

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes a commission to develop and design a standardized, statewide protocol for interviewing victims of sexual assault crimes.

This bill is a request of the study committee relative to investigations, trials, convictions, and sentencing of sex offenders enacted by 1999, 89 as amended by 2000, 81.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29mar01...0171h

6/12/01 1588s

26june01...1728CofC

01-0261

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

Be it Enacted by the Senate and House of Representatives in General Court convened:

245:1 Commission Established. There is hereby established a commission for the development of a statewide protocol for interviewing victims of sexual assault crimes.

245:2 Membership; Organization.

I. The members of the commission shall be as follows:

(a) Two members of the house of representatives, one each from the children and family law and executive departments and administration committees, appointed by the speaker of the house.

(b) One sitting member of the house of representatives who was appointed to the study committee relative to investigations, trials, convictions, and sentencing of sex offenders enacted by 1999, 89 as amended by 2000, 81, appointed by the speaker of the house.

(c) One member of the senate, appointed by the president of the senate.

(d) One representative from the department of health and human services primarily responsible for programs related to children and families, appointed by the commissioner of the department of health and human services.

(e) The director of the Victim Witness Program of the New Hampshire attorney general's office, or designee.

(f) The director of Victim's Assistance for Strafford county, or designee.

(g) One superior court judge, appointed by the chief justice of the superior court.

(h) Two county attorneys, one representing the northern tier of the state, and one representing the southern tier of the state, appointed by the president of the County Attorneys Association.

(i) Two law enforcement officers, one representing the eastern region of the state, and one representing the western region of the state, appointed by the president of the New Hampshire Association of Chiefs of Police.

(j) One defense attorney, appointed by the New Hampshire Association of Criminal Defense Attorneys.

(k) One representative from the state police, appointed by the commissioner of the department of safety.

(l) One representative from the police standards and training staff, appointed by the director of police standards and training.

(m) One forensic psychologist, appointed by the executive board of the New Hampshire Psychological Association.

(n) One representative from the New Hampshire Coalition Against Domestic and Sexual Violence, appointed by the executive director of the New Hampshire Coalition Against Domestic and Sexual Violence.

(o) One member representing the public, appointed by the chairperson of Families Advocating Inmate Reintegration of New Hampshire.

(p) One therapist specializing in child development and child abuse assessment, appointed by the chairperson or other appointing authority of the attorney general's task force on child abuse and neglect.

(q) One district court judge appointed by the administrative justice of the district court.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

245:3 Duties. The duties of the commission shall be to:

I. Develop and design a standardized, statewide protocol and implementation plan for interviewing victims of sexual assault crimes, which at a minimum may include:

(a) Procedures for avoiding multiple interviews of the alleged victim.

(b) Procedures to ensure that the initial investigative interview and any subsequent interviews are conducted by a certified forensic interviewer.

(c) Procedures to ensure that the initial and any subsequent interviews be audiotaped and videotaped with due consideration of consent issues.

(d) A definition of "investigative interview" and guidelines for pre-investigative interviews.

(e) Procedures requiring law enforcement officials to conduct the interviews as soon after the allegation of sexual assault or sexual abuse as practical.

(f) Provisions for the creation of a review panel to conduct regular, ongoing reviews of the protocols and related matters.

II. Develop and design a state certification policy for forensic interviewers and a plan for implementation.

245:4 Chairperson; Meetings. The first meeting of the commission shall be called by the first-named house member within 45 days of the effective date of this section. The commission shall elect a chairperson from among the members present at the first meeting.

245:5 Report. The commission shall report its findings, and specific recommendations for legislation to be filed in the 2002 legislative session, to the speaker of the house of representatives, the senate president, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2001.

245:6 Effective Date. This act shall take effect upon its passage.

(Approved: July 13, 2001)

(Effective Date: July 13, 2001)