HB 1367

AN ACT permitting the parents or legal guardian of a sexual assault victim to remain with the victim during the legal proceedings; relative to simple assault; relative to requiring written notification concerning certain offenders against children; and relative to the involuntary commitment of certain persons found not competent to stand trial for certain criminal offenses.

SPONSORS: Rep. Hopper, Hills 48; Rep. Bruno, Hills 45; Rep. Cady, Rock 73; Rep. Boyce, Belk 31

I. Provides that the court, at the request of a sexual assault victim who is 16 years of age or younger, shall permit the parents or legal guardians to remain with the sexual assault victim during the entirety of the court proceedings in cases under RSA 632-A.

II. Provides that an actor who purposely or knowingly ignores another person’s warning not to engage in physical contact with such person shall be guilty of simple assault.

III. Provides that a municipality may adopt an ordinance which requires that the neighbor of any person whose name appears on the list of registered criminal offenders, and who has been released into the municipality, be notified of such person’s release.

IV. Makes various changes to the petition and hearing procedures for involuntary commitment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

1 New Paragraph; Sexual Assault; Testimony and Evidence. Amend RSA 632-A:6 by inserting after paragraph IV the following new paragraph:

V. At the request of a sexual assault victim who is 16 years of age or younger, the court shall permit the parents or legal guardians to remain with the sexual assault victim during the entirety of the court proceedings in cases under RSA 632-A.

2 Simple Assault. Amend the introductory paragraph to RSA 631:2-a, I, and RSA 631:2-a, I(a) to read as follows:

(a) Purposely or knowingly causes bodily injury to another, or purposely or knowingly causes unprivileged physical contact to another after being warned by such person not to cause such contact; or

3 New Subparagraph; Registration of Criminal Offenders; Availability of Information. Amend RSA 651-B:7, IV by inserting after subparagraph (b) the following new subparagraph:

(c) A municipality may adopt an ordinance which requires that the neighbor of any person whose name appears on the list compiled under this section, and who has been released into the municipality, be notified of such person’s release. The local governing body shall establish the definition of “neighbor” that is best suited to the particular municipality.

4 Involuntary Admission for Persons Found Not Competent to Stand Trial. Amend RSA 171-B:4 and RSA 171-B:5 to read as follows:

171-B:4 Petition. The petition for admission on an involuntary basis shall include:

I. The name of the person sought to be admitted and such person's last known address.

II. The specific facts that the petitioner alleges satisfy RSA 171-B:2, I – IV. Satisfaction of these 4 criteria shall create a presumption that the person sought to be admitted poses a potentially serious likelihood of danger to others and therefore satisfies RSA 171-B:2, IV.

III. [A certificate from a physician, psychiatrist, or psychologist who shall have experience and training in mental retardation, who has examined the person and reviewed the condition or behavior of the person sought to be admitted within 10 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies RSA 171-B:2, IV and V.

~~IV.~~] The names and addresses of witnesses who can testify to the specific acts, conditions, or behaviors of the person sought to be admitted which the petitioner alleges will satisfy the requirements of RSA 171-B:2.

IV. The name and address of the victim of the person’s alleged felonious conduct. If the victim was a minor, the petition shall include the name and address of the victim’s parent or guardian.

171-B:5 Hearing Date. The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 20 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition. The court shall provide notice of the hearing date to the victims identified in the petition.

5 Involuntary Admission for Persons Found Not Competent to Stand Trial. Amend RSA 171-B:7, II to read as follows:

II. Whether involuntary admission into the state developmental services delivery system is necessary; and

6 Involuntary Admission for Persons Found Not Competent to Stand Trial. Amend RSA 171-B:12 to read as follows:

I. If, after the hearing, the court finds by clear and convincing evidence that the person meets the standard set forth in RSA 171-B:2, the court shall order the person to submit to:

[I.](a) Treatment and services in a receiving facility within the state developmental services delivery system;

[~~II.~~](b) Treatment and services within the state developmental services delivery system other than in-patient treatment; or

[~~III.~~](c) Treatment and services in the secure psychiatric unit if the court determines that the programs and placements enumerated in paragraph I or II do not provide sufficient security and protection to the public.

II. The court shall provide a copy of the order to the victims identified in the petition.