HB 524-FN - AS AMENDED BY THE SENATE

26mar03... 0977h

05/15/03 1491s

2003 SESSION

03-0543

04/10

HOUSE BILL 524-FN

AN ACT requiring notice to the complainant of a petition for annulment of a domestic violence conviction.

SPONSORS: Rep. Knowles, Straf 69; Rep. Welch, Rock 79; Rep. Stevens, Carr 7; Rep. K. Gilbert, Rock 82

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill requires that a complainant in a domestic violence proceeding receive notice of a petition for annulment filed by the defendant.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26mar03... 0977h

05/15/03 1491s

03-0543

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT requiring notice to the complainant of a petition for annulment of a domestic violence conviction.

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

1 New Paragraph; Annulment of Criminal Records; Notice to Complainant. Amend RSA 651:6 by inserting after paragraph IX the following new paragraph:

IX-a. When a petition for annulment of a conviction pursuant to RSA 173-B:9, III is timely brought, the department of corrections shall cause the sheriff of the county in which the complainant was last known to reside, to serve the complainant with a copy of the petition for annulment. In addition to any other costs under this section, the petitioner shall reimburse the sheriff for costs related to service of process as set forth in RSA 104:31. In the event that the department is unable to locate the complainant, the report filed with the court pursuant to this section shall certify that the department made a good faith effort to locate the complainant, but was unable to do so.

2 Department of Justice; Rights of Criminal Victims. Amend RSA 21-M:8-k, II(d) to read as follows:

(d) The right to be notified of all court proceedings, including annulment proceedings.

3 Effective Date. This act shall take effect January 1, 2004.

LBAO

03-0543

Amended 5/1/03

HB 524 FISCAL NOTE

AN ACT relative to the annulment of certain domestic violence offenses.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as amended by the House (House Amendment #2003-0977h), has a total fiscal impact of less than $10,000 in each of the fiscal years 2003 through 2007.