HB 705-FN - AS AMENDED BY THE HOUSE
8Jan2020... 2806h
5Mar2020... 0048h
2019 SESSION
19-0074
04/05
HOUSE BILL 705-FN
SPONSORS: Rep. Cushing, Rock. 21; Rep. T. Smith, Hills. 17; Rep. Sykes, Graf. 13
COMMITTEE: Criminal Justice and Public Safety
AMENDED ANALYSIS
This bill increases the maximum recovery for crime victims from the victims' compensation fund; establishes confidentiality procedures for information used to support restitution to the victims' compensation fund; expands the offenses covered by the crime victims' bill of rights; expands the rights available to crime victims; requires the department of justice to develop a crime victims' rights card and establish professional guidelines for victims' assistance providers; and establishes a committee on the needs of crime victims and the enforcement of crime victims' rights.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jan2020... 2806h
5Mar2020... 0048h 19-0074
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as the Crime Victims' Rights Enhancement Act of 2020.
2 New Paragraphs; Department of Justice; Office of Victim/Witness Assistance. Amend RSA 21-M:8-b by inserting after paragraph VII the following new paragraphs:
VIII. The office of victim/witness assistance shall develop a crime victims rights card that describes in clear fashion a summary of the rights of crime victims under New Hampshire victims' rights laws and other information helpful to victims of crime. The office shall oversee the printing and the distribution of the card to first responders to provide to victims as soon as practicable.
IX. The office of victim/witness assistance shall develop and publish a set of professional guidelines for victims' assistance providers in the state of New Hampshire.
3 Department of Justice; Claimant Eligibility and Compensation. Amend RSA 21-M:8-h, V to read as follows:
V. The claimant may be reimbursed for reasonable out-of-pocket expenses, medical expenses, funeral expenses, counseling expenses, rehabilitative expenses, expenses associated with the victim's participation in post-conviction proceedings and victim-offender dialogue programs or other restorative justice programs, and lost wages directly resulting from the crime. Claimants eligible under subparagraph I(a)(4) may be reimbursed for the costs of removing the tattoo with an identifying mark. No reimbursement shall be paid unless the claimant has incurred reimbursable expenses of at least $100. There shall be a [$30,000] $40,000 maximum recovery per claimant per incident. If expenses paid through the victims' assistance program fund are later covered by insurance settlements, civil suit settlements, or restitution, or through any other source, the claimant shall reimburse the fund for the amount of expenses recovered.
4 Department of Justice; Claimant Eligibility and Compensation. Amend RSA 21-M:8-h, VIII to read as follows:
VIII. Any person who was a victim of a crime under investigation by the cold case homicide unit as established in [New Hampshire Laws 2009, 269:1] RSA 21-M:8-m shall be eligible for victim's compensation regardless of the date of the crime. [Compensation under this paragraph shall be limited to counseling expenses and expenses associated with the victim's participation in pre- and post-conviction proceedings incurred after the effective date of this paragraph.]
5 New Paragraph; Department of Justice; Claimant Eligibility and Compensation. Amend RSA 21-M:8-h by inserting after paragraph XI the following new paragraph:
XII. Notwithstanding paragraph II, any person who was a child victim of physical or sexual abuse, or any person who was a child when a parent or sibling was a victim of homicide, shall be eligible for victims compensation regardless of the date of the crime. Compensation under this paragraph shall be limited to counseling expenses and expenses associated with the victim's participation in pre- and post-conviction proceedings incurred after the effective date of this paragraph.
6 Department of Justice; Rights of Crime Victims. Amend RSA 21-M:8-k to read as follows:
21-M:8-k Rights of Crime Victims.
I. As used in this section:
(a) "Victim" means a person who suffers direct or threatened physical, emotional, psychological or financial harm as a result of the commission or the attempted commission of a crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim, or the surviving partner in a civil union.
(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; 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.
II. To the extent that they can be reasonably guaranteed by the courts and by law enforcement and correctional authorities, and are not inconsistent with the constitutional or statutory rights of the accused, crime victims are entitled to the following rights:
(a) The right to be treated with fairness and respect for [their] the victim's safety, dignity, and privacy throughout the criminal justice process.
(b) The right to be informed about the criminal justice process and how it progresses.
(c) The right to be free from intimidation and to be reasonably protected from the accused throughout the criminal justice process, including the right to relocate for the victim's safety.
(d) The right to [be notified of all court proceedings] reasonable and timely notice of all court proceedings, including post-conviction proceedings, and administrative proceedings including parole and probation.
(e) The right [to attend trial and all other court proceedings the accused has the right to attend] on the same basis as the accused to attend trial and all other court proceedings, including post-conviction proceedings.
(f) The right to confer with the prosecution and to be consulted about the disposition of the case, including plea bargaining.
(g) The right to have inconveniences associated with participation in the criminal justice process minimized.
(h) The right to be notified if presence in court is not required.