hb 1426

CHAPTER 241

HB 1426-FN - FINAL VERSION

AN ACT relative to the availability of information on the registration of certain sexual offenders, and requiring certain sexual offenders and offenders against children to report any changes to such person's place of employment or schooling.

SPONSORS: Rep. Knowles, Straf 11; Rep. K. Gilbert, Rock 19

I. Allows information on the registration of certain sexual offenders to be provided to law enforcement agencies through the use of electronic mail or other electronic formats and permits local law enforcement agencies to photograph, at the time of registration, any individual required to be registered pursuant to the registration of criminal offenders law and to use such photographs in the performance of any valid law enforcement function.

II. Requires any sexual offender, or offender against children, employed by or attending any public or private educational institution for a specific period of time to inform the proper local law enforcement agency of any change in such person's place of employment or schooling.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

241:1 Registration of Criminal Offenders; Availability of Information to the Public; Photographs by Local Law Enforcement Agencies Authorized. Amend RSA 651-B:7, IV to read as follows:

IV.(a) The division shall provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, through written, electronic, computerized, or other accessible means, but in no event less frequently than once each month. The list shall be made available to interested members of the public upon request to [~~the~~] a local law enforcement agency. The department of safety may make the list available to interested members of the public through the use of the department's official public Internet access site. The department shall adopt rules, pursuant to RSA 541-A, establishing procedures for the collection of information described in this section, the transmission of the information from the division to the local law enforcement agencies, and the conditions under which the list shall be made available to the public. These rules shall enable the public to request information about a named individual or about all listed individuals residing or confined in the state. The rules shall also include provisions for identifying and maintaining a record of the parties to whom information from the list has been disclosed, and may also provide for the imposition of a reasonable fee to defray the administrative costs of collecting the information and making the information available to the public.

(b) Local law enforcement agencies may photograph, at the time of the registration, any individual who is required to be registered pursuant to this chapter. The consent of the registrant shall not be necessary. Such photographs may be used in the performance of any valid law enforcement function.

241:2 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, II to read as follows:

II. Any sexual offender convicted of a violation or attempted violation of RSA 632-A:4 or RSA 645:1, II, and any offender against children convicted of a violation or attempted violation of RSA 633:3[,] or 645:2, I [~~or 649 A:3, III~~],or of an equivalent offense in an out-of-state jurisdiction, shall be registered for a 10-year period from the date of release following conviction, provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent conviction.

241:3 Registration of Criminal Offenders; Duty to Report Amended. Amend RSA 651-B:4, I(a) to read as follows:

(a) Any person required to be registered under this chapter shall be required to report such person's current mailing address [~~and~~], place of residence or temporary domicile, and place of employment or schooling to the local law enforcement agency within 30 days after the person's release from custody following conviction, or within 30 days after the person's date of establishment of residence in New Hampshire if convicted elsewhere. Such report shall also be made annually within 30 days after each anniversary of the person's date of birth, and additionally within 30 days after any change of address or place of residence.

241:4 New Paragraph; Registration of Criminal Offenders; Change of Name, Alias, or Address Amended. Amend RSA 651-B:5 by inserting after paragraph II the following new paragraph:

III. Any sexual offender or offender against children who, with or without compensation, is employed by or attends any public or private educational institution for a period exceeding 14 consecutive days, or for an aggregate period of time exceeding 30 days during any calendar year, shall give written notification of any changes to the person's place of employment or schooling to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 10 days of such change of place of employment or schooling. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. If the sexual offender or offender against children continues to be employed by or attend any public or private educational institution, the division shall notify the local law enforcement agency at the new place of employment or schooling, or the appropriate out-of-state law enforcement agency if the new place of employment or schooling is outside New Hampshire, and shall include such changes in the LENS system.