HB 586-FN – AS INTRODUCED

2007 SESSION

07-0648

04/01

HOUSE BILL 586-FN

AN ACT imposing an enhanced penalty for sexual assaults by persons in a position of authority.

SPONSORS: Rep. O'Neil, Hills 19; Rep. John Kelley, Hills 26; Rep. Barry, Hills 19; Rep. Ingersoll, Coos 4; Rep. C. Christensen, Hills 19

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill extends the term of imprisonment for sexual assault by a person in a position of authority over the victim, where the victim was 17 years of age or less at the time of the offense.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0648

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT imposing an enhanced penalty for sexual assaults by persons in a position of authority.

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

1 Extended Term of Imprisonment. Amend RSA 651:6, I(o)-(p) to read as follows:

(o) Has purposely, knowingly, or recklessly with extreme indifference to the value of human life committed an act or acts constituting first degree assault as defined in RSA 631:1 against a person under 13 years of age where the serious bodily injury has resulted in brain damage or physical disability to the child that is likely to be permanent; [or]

(p) Has committed murder as defined in RSA 630:1-b against a person under 13 years of age; or

(q) Has committed or attempted to commit any of the crimes defined in RSA 632-A:2, I(k), RSA 632-A:3, IV, or RSA 632-A:4, III against a victim who was 17 years of age or less at the time of the offense.

2 Extended Term of Imprisonment. Amend RSA 651:6, III(f)-(g) to read as follows:

(f) A third offense under RSA 632-A:3, life imprisonment; [or]

(g) Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of not less than 90 days and a maximum of not more than one year; or

(h) Any of the crimes listed under subparagraph I(q) of this section, a minimum to be fixed by the court of not less than 2 years and a maximum to be fixed by the court of not more than 5 years.

3 Effective Date. This act shall take effect on January 1, 2008.

LBAO

07-0648

01/26/07

HB 586-FN - FISCAL NOTE

AN ACT imposing an enhanced penalty for sexual assaults by persons in a position of authority.

FISCAL IMPACT: