HB 533-FN – AS INTRODUCED

2005 SESSION

05-0158

09/01

HOUSE BILL 533-FN

AN ACT relative to penalties for aggravated felonious sexual assault.

SPONSORS: Rep. Knowles, Straf 6; Rep. Welch, Rock 8; Rep. Tholl, Coos 2

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill requires the imposition of a sentence of life imprisonment without parole for any defendant who is convicted of 3 aggravated felonious sexual assault offenses against 3 separate victims, regardless of the timing of the convictions. In all other cases where a defendant has 3 aggravated felonious sexual assault convictions resulting from separate criminal incidents, the bill requires the court to impose a minimum sentence of 25 years.

This bill was requested by the department of justice.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0158

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to penalties for aggravated felonious sexual assault.

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

1 Aggravated Felonious Sexual Assault; Penalties. Amend RSA 632-A:10-a, III to read as follows:

III.(a) If the court finds that a defendant has been previously convicted of 2 or more offenses under RSA 632-A:2 or any other statute prohibiting the same conduct in another state, territory or possession of the United States, and at least 2 offenses of which were committed against different victims, neither of whom was the victim of the offense for which the defendant is being sentenced, the defendant shall be sentenced to life imprisonment and shall not be eligible for parole at any time.

(b) If the court finds that a defendant has been previously convicted of 2 or more offenses under RSA 632-A:2 or any other statute prohibiting the same conduct in another state, territory, or possession of the United States, and the prior convictions do not satisfy the requirements of this paragraph, the court may impose a sentence of up to life without parole, but shall impose a minimum sentence of not less than 25 years.

2 Effective Date. This act shall take effect January 1, 2006.

LBAO

05-0158

1/26/05

HB 533-FN - FISCAL NOTE

AN ACT relative to penalties for aggravated felonious sexual assault.

FISCAL IMPACT:

METHODOLOGY: