25mar03...0867h

05/22/03 1633s

24jun03...2095CofC

2003 SESSION

03-1027

04/10

HOUSE BILL 718-FN

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill:

I. Specifies the procedure to be followed by the district court in cases where crimes are committed by minors but not charged until after they reach the age of majority.

II. Adds a one-year, discovery rule, statute of limitations for the prosecution of any offense which is delayed as a result of destruction or falsification of evidence or witness tampering.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0867h

05/22/03 1633s

24jun03... 2095CofC

03-1027

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

265:1 New Paragraph; Transfer to Superior Court. Amend RSA 169-B:24 by inserting after paragraph IV the following new paragraph:

V. If an offense contained in RSA 628:1, II is committed by an individual before the age of 17 but not charged until after the individual has reached the age of 17, the district court shall follow the procedures set forth in this section to determine if the individual charged met the criteria of this section at the time the offense was committed.

265:2 New Paragraph; Criminal Responsibility; Immaturity. Amend RSA 628:1 by inserting after paragraph II the following new paragraph:

III.(a) If a person is charged prior to his or her 17^th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, the provisions of RSA 169-B:24 shall apply.

(b) If a person is charged after his or her 17^th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, the provisions of RSA 169-B:24 shall not apply. In such cases, the superior court shall hold a hearing prior to trial to determine, based on a preponderance of the evidence, whether the defendant may be held criminally responsible. In making such determination, the court shall consider, but shall not be limited to, the following criteria:

(1) The seriousness of the alleged offense to the community;

(2) The aggressive, violent, premeditated, or willful nature of the alleged offense;

(3) Whether the alleged offense was committed against persons or property;

(4) The prosecutorial merit of the charge;

(5) The sophistication and maturity of the defendant at the time of the alleged offense; and

(6) The defendant's prior record and prior contacts with law enforcement as of the date of the hearing.

265:3 New Subparagraph; Limitations; Destruction or Falsification of Evidence. Amend RSA 625:8, III by inserting after subparagraph (d) the following new subparagraph:

(e) For any offense where destruction or falsification of evidence, witness tampering, or other unlawful conduct delayed discovery of the offense, within one year of the discovery of the offense.

265:4 Effective Date. This act shall take effect January 1, 2004.

(Approved: July 14, 2003)

(Effective Date: January 1, 2004)