HB 545-FN - AS INTRODUCED
2023 SESSION
23-0651
02/04
HOUSE BILL 545-FN
AN ACT amending the victims' bill of rights.
SPONSORS: Rep. Hynes, Hills. 2
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill expands crime victims' rights to cover misdemeanors, grants victims the right to remove no contact orders between them and the accused, authorizes victims to withdraw or reduce restitution paid to them, and grants victims the right to have misdemeanor charges against them be dismissed following an accord and satisfaction agreement.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0651
02/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT amending the victims' bill of rights.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rights of Crime Victims. Amend RSA 21-M:8-k, I(b) to read as follows:
(b) "Crime" means a [violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than one year or an offense expressly designated by law to be a felony; a misdemeanor sexual offense] felony or misdemeanor; an offense listed in RSA 173-B:1, I; a violation of a protective order under RSA 458:16, III; or after arraignment, a violation of a protective order issued under RSA 173-B.
2 Rights of Crime Victims. Amend RSA 21-M:8-k, II(f) to read as follows:
(f) The right to confer with the prosecution and to be consulted about the disposition of the case, including bail conditions and plea bargaining. A victim has the right to remove a no-contact order between them and the accused as a bail condition. A victim has a right in misdemeanor cases to have a charge against them dismissed due to an accord and satisfaction.
3 Rights of Crime Victims. Amend RSA 21-M:8-k, II(j) to read as follows:
(j) The right to full and timely restitution, as granted under RSA 651:62-67 or any other applicable state law, or victim's compensation, under RSA 21-M:8-h or any other applicable state law, for their losses. A victim has a right to withdraw restitution, or allow partial restitution, at any point after restitution has been ordered in sentencing.
4 New Paragraph; Rights of Crime Victims. Amend RSA 21-M:8-k by inserting after paragraph IV the following new paragraph:
V. The arresting department shall promptly provide a printout including all of the information in RSA 21-M:8-k, II and RSA 21-M:8-k, II-a to any victim as alleged in the complaint. If the department does not have the contact information of the victim, the department shall take reasonable steps to determine the victim's information. A department may mail, email with permission from the victim, or hand deliver the required information to the victim.
5 Effective Date. This act shall take effect January 1, 2024.
23-0651
1/9/23
HB 545-FN- FISCAL NOTE
AS INTRODUCED
AN ACT amending the victims' bill of rights.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Justice