SB 524-FN - AS AMENDED BY THE SENATE

 

03/05/2020    0724s

2020 SESSION

20-2921

04/10

 

SENATE BILL 524-FN

 

AN ACT relative to immunity from arrest or prosecution for prostitution for seeking medical assistance for reporting certain crimes.

 

SPONSORS: Sen. French, Dist 7; Sen. Reagan, Dist 17

 

COMMITTEE: Judiciary

 

                                                                                                                                                                                                   

 

ANALYSIS

 

This bill provides immunity from prosecution for prostitution for a person reporting to law enforcement that such person or another person is the victim of a sexual assault, incest, or assault.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020    0724s 20-2921

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to immunity from arrest or prosecution for prostitution for seeking medical assistance for reporting certain crimes.

 

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

 

1  New Paragraphs; Prostitution and Related Offenses; Immunity From Prosecution.  Amend RSA 645:2 by inserting after paragraph VI the following new paragraphs:

VII.  As used in this section, "reports being the victim of a sexual assault" or other crime means reporting the initial crime to law enforcement and assisting law enforcement to identify the alleged perpetrator.  It does not include further cooperation in prosecution.

VIII.  It shall be a defense to a violation of this section that a person reports being the victim of a sexual assault as defined in RSA 632-A:2, 632-A:3, or 632-A:4, incest under RSA 639:2, or assault under RSA 631:1 through RSA 631:2-b.  A person who reports being the victim of such an offense shall not be arrested, prosecuted, or convicted for a violation of this section if the evidence for the charge was gained as a proximate result of the person   s reporting.  Any victim seeking medical treatment following a sexual assault shall be afforded all options of care outlined in the New Hampshire attorney general   s sexual assault medical forensic exam protocol without making a report to or cooperating with law enforcement.  

IX.  Nothing in this section shall be construed to limit the admissibility of evidence in connection with the investigation or prosecution of a crime involving a person who is not protected as provided in paragraph VIII.  Nothing in this section shall be construed to limit the lawful seizure of any evidence or contraband.  Nothing in this section shall be construed to limit or abridge the authority of a law enforcement officer to detain or place into custody a person as part of a criminal investigation who is not protected by the provisions of paragraph VIII.

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2921

Amended 3/9/20

 

SB 524-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-0724s)

 

AN ACT relative to immunity from arrest or prosecution for prostitution for seeking medical assistance for reporting certain crimes.

 

FISCAL IMPACT:          [ X ] State                          [ X ] County                            [      ] Local                          [      ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

  [ X ] General                      [      ] Education                      [      ] Highway                    [      ] Other

 

 

 

 

 

COUNTY: