February 28, 2008
No. 9B
STATE OF
WEB SITE ADDRESS:
www.gencourt.state.nh.us
Legislative
SENATE
CALENDAR
ADDENDUM
REPORTS,
AMENDMENTS & HEARINGS
THE SENATE WILL MEET IN SESSION ON THURSDAY, MARCH 6, 2008 AT 1:00 P.M.
REPORTS
JUDICIARY
SB 356-FN, prohibiting offenders against children from attending certain activities or events.
Ought to pass with amendment, Vote 5-0
Senator Clegg for the committee.
SB 507-FN, relative to extended terms of imprisonment for street gang members.
Ought to pass with amendment, Vote 5-0
Senator Reynolds for the committee.
AMENDMENTS
Senate Judiciary
March 5, 2008
2008-0854s
10/01
Amendment to SB 356-FN
Amend the title of the bill by replacing it with the following:
AN ACT prohibiting offenders against children from participating in or being a spectator at certain activities or events.
Amend the bill by replacing section 1 with the following:
1 New Section; Registration of Criminal Offenders; Special Restrictions on Offenders Against Children. Amend RSA 651-B by inserting after section 12 the following new section:
651-B:13 Special Restrictions on Offenders Against Children. No person who is required to be registered as an offender against children for a violation of RSA 632-A:3, III or RSA 632-A:2, II, shall, for the duration of his or her registration requirement, participate in or be a spectator at any public activity or event organized principally for the participation of children under 13 years of age. Any person who violates the provisions of this section shall be guilty of a misdemeanor.
2008-0854s
AMENDED ANALYSIS
This bill prohibits any person who is required to be registered as an offender against children from participating in or being a spectator at any activity or event organized principally for the participation of children under 13 years of age.
Senate Judiciary
March 5, 2008
2008-0857s
04/10
Amendment to SB 507-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to extended terms of imprisonment for criminal street gang members.
Amend the bill by replacing sections 1 and 2 with the following:
1 Extended Term of Imprisonment; Criminal Street Gang Members. Amend RSA 651:6, I (o) and (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 knowingly committed any of the following
offenses as a criminal street gang member, or for the benefit of, at the
direction of, or in association with any criminal street gang, with the purpose
to promote, further, or assist in any such criminal conduct by criminal street
gang members:
(1) Violent crime as defined in RSA 651:5, XIII.
(2)
A crime involving the distribution, sale, or manufacture of a controlled drug
under RSA 318-B:2.
(3)
Class A felony theft where the property stolen was a firearm.
(4)
Unlawful sale of a pistol or a revolver.
(5)
Witness tampering.
2 Extended Term of Imprisonment; Criminal Street Gang Member Defined. Amend RSA 651:6, I-a to read as follows:
I-a. As used in
this section[,]:
(a) “Law enforcement officer” [is] means
a sheriff or deputy sheriff of any county, a state police officer, a constable
or police officer of any city or town, an official or employee of any prison,
jail, or corrections institution, a probation-parole officer, a juvenile
probation and parole officer, or a conservation officer.
(b) “
(1) Admits to criminal street gang membership;
(2) Is identified as a criminal street gang
member by a law enforcement officer, parent, guardian, or documented reliable
informant;
(3)
Resides in or frequents a particular criminal street gang’s area and adopts its
style of dress, its use of hand or other signs, tattoos, or other physical
markings, and associates with known criminal street gang members; or
(4)
Has been arrested more than once in the company of individuals who are
identified as criminal street gang members by law enforcement, for offenses
that are consistent with usual criminal street gang activity;
(c) “Criminal street gang” means a formal or
informal ongoing organization, association, or group of 3 or more persons,
which has as one of its primary objectives or activities the commission of
criminal activity, whose members share a common name, identifying sign, symbol,
physical marking, style of dress, or use of hand sign, and whose members
individually or collectively have engaged in the commission, attempted
commission, solicitation to commit, or conspiracy to commit 2 or more the
following offenses, or a reasonably equivalent offense in another jurisdiction,
on separate occasions within the preceding 3 years:
(1)
Violent crimes, as defined in RSA 651:5, XIII;
(2)
Distribution, sale, manufacture, of a controlled drug in violation of RSA 318-B:2;
(3)
Class A felony theft;
(4)
Unlawful sale of a pistol or revolver; or
(5)
Witness tampering.
2008-0857s
AMENDED ANALYSIS
This bill provides for extended terms of imprisonment for offenses committed by criminal street gang members.
HEARINGS
MONDAY, MARCH 10, 2008
COMMERCE, LABOR AND CONSUMER PROTECTION, Room 102, LOB
Sen. Gottesman (C), Sen. DeVries (VC), Sen. Reynolds, Sen.
Cilley, Sen. Barnes, Sen. Roberge
10:15 a.m. SB 391, relative to affordable health insurance for small employers.
10:16 a.m. SB 540-FN, relative to a standard wellness plan for small employers.
11:00 a.m. SB 465, relative to the laws regulating
trusts and trust companies in
(the previous hearing for SB 465, was recessed on February 12th)
11:30 a.m. HB 385-FN, relative to licensing and insurance fees.
11:45 a.m. HB 399, (New Title) relative to the minimum hourly rate of compensation.
12:00 p.m. HB 759-FN, relative to administration and enforcement of banking laws.
EXECUTIVE SESSION MAY
FOLLOW
EDUCATION, Room 103, SH
Sen. Estabrook (C), Sen. Foster (VC), Sen. Fuller Clark, Sen. Kelly, Sen. Bragdon, Sen. Letourneau
8:45 a.m. SB 538, relative to the community college system of New Hampshire board of trustees and repealing a motor vehicle regulation statute applicable to the community college system.
EXECUTIVE SESSION MAY
FOLLOW
PUBLIC AND MUNICIPAL AFFAIRS, Room 101, LOB
Sen. Hassan (C), Sen. Burling (VC), Sen. DeVries, Sen. Sgambati, Sen. Roberge, Sen. Barnes
8:30 a.m. SB 479, relative to the vote required for passage of school bonds.
(Note
the time change for SB 479)
8:40 a.m. SB 414, authorizing special elections to fill vacancies on local boards.
(Note the time change for SB 414)
9:00 a.m. SB 457, extending the veterans' property tax credit to all honorably discharged veterans.
(Note the time change for SB 457)
9:15 a.m. SB 484, establishing a commission to investigate alternatives to incarceration for nonviolent offenders and cost savings related to such alternatives.
9:30 a.m. SB 506, naming the
EXECUTIVE SESSION MAY
FOLLOW
WAYS AND MEANS, Room 100, SH
Sen. Odell (C), Sen. D'Allesandro (VC), Sen. Janeway, Sen. Reynolds, Sen. Downing
10:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION
SB 493, allowing certain tax exempt organizations to be defined as charitable organizations for purposes of games of chance operations.