SB 122-FN - AS INTRODUCED
2021 SESSION
21-0830
11/04
SENATE BILL 122-FN
AN ACT adopting omnibus legislation relative to certain crimes and judicial processes and
procedures.
SPONSORS: Sen. French, Dist 7
COMMITTEE: Judiciary
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ANALYSIS
This bill adopts legislation relative to:
I. Allowing persons charged with driving or operating under the influence of drugs or liquor to
register for an impaired driving education program after attending or waiving their arraignment.
II. Exemptions from prosecution for victims of human trafficking.
III. Bail commissioners fees.
IV. Guardianship by grandparents.
V. Immunity from arrest or prosecution for prostitution for seeking medical assistance for
reporting certain crimes.
VI. Increasing the penalty for harming a service animal and making changes to the membership
of the council on autism spectrum disorders.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 122-FN - AS INTRODUCED
21-0830
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to certain crimes and judicial processes and
procedures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I. LSR 21-0830, relative to the impaired driver education program, sponsored by Sen.
3 French, Prime/Dist. 7; Sen. Bradley, Dist. 3; Sen. Giuda, Dist. 2; Sen. Carson, Dist. 14.
4 Part II. LSR 21-0191, relative to exemptions from prosecution for victims of human
5 trafficking, sponsored by Sen. Ward, Prime/Dist. 8.
6 Part III. LSR 21-0399, relative to bail commissioners fees, sponsored by Sen. Gannon,
7 Prime/Dist. 23; Sen. Avard, Dist. 12; Sen. Carson, Dist. 14; Sen. D'Allesandro, Dist. 20; Sen. Reagan,
8 Dist. 17; Sen. Prentiss, Dist. 5; Sen. Cavanaugh, Dist. 16; Rep. Welch, Rock. 13; Rep. Piemonte,
9 Rock. 4.
10 Part IV. LSR 21-0600, relative to guardianship by grandparents, sponsored by Sen. French,
11 Prime/Dist. 7; Sen. Avard, Dist. 12; Sen. Gannon, Dist. 23; Sen. Reagan, Dist. 17; Sen. Watters, Dist.
12 4; Sen. Whitley, Dist. 15; Sen. Hennessey, Dist. 1; Sen. Carson, Dist. 14; Sen. Kahn, Dist. 10; Sen.
13 Sherman, Dist. 24; Sen. Prentiss, Dist. 5; Sen. Giuda, Dist. 2; Sen. D'Allesandro, Dist. 20; Sen.
14 Bradley, Dist. 3; Sen. Cavanaugh, Dist. 16; Sen. Soucy, Dist. 18.
15 Part V. LSR 21-0921, relative to immunity from arrest or prosecution for prostitution for
16 seeking medical assistance for reporting certain crimes, sponsored by Sen. French, Prime/Dist. 7;
17 Sen. Reagan, Dist. 17; Sen. Watters, Dist. 4.
18 Part VI. LSR 21-0479, increasing the penalty for harming a service animal and making
19 changes to the membership of the council on autism spectrum disorders, sponsored by Sen. Bradley,
20 Prime/Dist. 3
21 2 Legislation Enacted. The general court hereby enacts the following legislation:
22
23 PART I
24 Relative to the Impaired Driver Education Program.
25 1 New Paragraph; Motor Vehicles; Driving or Operating Under the Influence of Drugs or Liquor;
26 Penalties for Intoxication or Under Influence of Drugs Offenses. Amend RSA 265-A:18 by inserting
27 after paragraph X the following new paragraph:
28 XI. Any person charged with violating any provision of RSA 265-A:2, 265-A:3, or 265-A:19
29 who would be required to complete an IDCMP if convicted may, at his or her discretion, register for
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1 such a program after attending or waiving arraignment in a criminal proceeding. Such registration
2 shall not be considered as evidence of his or her culpability in judicial or administrative proceedings.
3 2 Effective Date. Part I of this act shall take effect 60 days after its passage.
4
5 PART II
6 Relative to Exemptions from Prosecution for Victims of Human Trafficking.
7 1 New Paragraph; Trafficking in Persons; Definitions. Amend RSA 633:6 by inserting after
8 paragraph VI the following new paragraph:
9 VII. “Victim of human trafficking” means:
10 (a) An individual who, at any point in time, was the victim of a trafficking in persons
11 offense under RSA 633:7, I-III, whether or not the offense was prosecuted; or
12 (b) An individual who at any point in time was the victim of a severe form of trafficking
13 in persons offense under 22 U.S.C. section 7102(11)(A), whether or not the offense was prosecuted.
14 2 Trafficking in Persons. RSA 633:7, VI is repealed and reenacted to read as follows:
15 VI. No victim of human trafficking shall be prosecuted for any offense, where the otherwise
16 chargeable conduct was committed as a result of being trafficked. Offenses include, but are not
17 limited to:
18 (a) Conduct chargeable as indecent exposure and lewdness under RSA 645:1;
19 (b) Conduct chargeable as prostitution under RSA 645:2;
20 (c) Conduct chargeable as trafficking in persons under paragraphs I-III of this section; or
21 (d) Conduct chargeable as attempt, conspiracy, criminal solicitation, being an accessory
22 to, or aiding and abetting any of the offenses listed in this subparagraph.
23 VII. A victim of human trafficking who was under 18 years of age at the time of the offense
24 shall not be subject to juvenile delinquency proceedings under RSA 169-B for any otherwise
25 chargeable offense, including but not limited to the offenses listed under paragraph VI, where the
26 conduct was committed as a result of being trafficked.
27 VIII.(a) This paragraph shall apply to:
28 (1) An individual convicted for an offense which was committed as a result of being
29 trafficked;
30 (2) An individual who was under 18 years of age at the time of the offense, who was
31 adjudicated as delinquent for an offense which was committed as a result of being trafficked; or
32 (3) An individual who entered into a diversion agreement in lieu of further criminal
33 proceedings for an offense which was committed as a result of being trafficked.
34 (b) A victim of human trafficking who was subject to a criminal penalty may, at any
35 time, file a motion with the circuit court, district division or superior court to vacate a conviction,
36 adjudication of delinquency, or diversion agreement, and the related court records and arrest
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1 records, for any offense, including but not limited to the offenses listed in paragraph VI. A copy of
2 the motion to vacate shall be provided to the agency that prosecuted the offense.
3 (c) After a hearing, the court shall grant the motion to vacate the conviction,
4 adjudication of delinquency, or diversion agreement upon a finding by a preponderance of the
5 evidence that the petitioner’s participation in the offense underlying the conviction, delinquency
6 adjudication, or diversion agreement was the result of being trafficked. A finding by the court that
7 the petitioner was a victim of human trafficking at the time of the offense shall be prima facie
8 evidence that the petitioner’s participation in the offense was a result of being trafficked.
9 (d) The petitioner shall not be required to provide any official documentation indicating
10 that he or she was a victim of human trafficking at the time of the offense. However, if such
11 documentation is provided, it shall be prima facie evidence that the petitioner’s participation in the
12 offense was a result of being trafficked In this subparagraph, “official documentation” means:
13 (1) A copy of an official record, certification, or eligibility letter from a federal, state,
14 tribal, or local proceeding, including an approval notice or an enforcement certification generated
15 from a federal immigration proceeding, that shows the petitioner was a victim of human trafficking;
16 or
17 (2) An affidavit or sworn testimony from a member of the clergy, a medical
18 professional, a trained professional staff member of a victim services organization, or other
19 professional from whom the petitioner has sought legal counsel or other assistance in addressing the
20 trauma and other challenges associated with being a victim of human trafficking.
21 (e) In determining whether the petitioner was a victim of human trafficking at the time
22 of the offense, the court may consider any other evidence the court finds is of sufficient credibility
23 and probative value. Such evidence may include, but is not limited to:
24 (1) The affidavit or sworn testimony of the petitioner;
25 (2) Branding or other tattoos on the body of the petitioner that identify the petitioner
26 as having or having had a trafficker;
27 (3) Photographic evidence of branding or other tattoos on the body of the petitioner
28 that identify the petitioner as having or having had a trafficker;
29 (4) Affidavits or sworn testimony from police, police interview notes, or police
30 reports;
31 (5) Affidavits or sworn testimony from any person with firsthand knowledge of the
32 petitioner’s involvement in the trafficking or any person who indicates that he or she was trafficked
33 or exploited by the same individual or group of individuals who trafficked the petitioner;
34 (6) Financial records showing revenues or expenses from the trafficking;
35 (7) Internet listings, print advertisements, or business cards used to promote the
36 petitioner for services; or
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1 (8) Email, text messages, or voicemail records between the petitioner, the trafficker,
2 or solicitors of sex that reveal aspects of the trafficking, such as examples of the trafficker exerting
3 control over the petitioner, evidence of behavior patterns of the trafficker or the petitioner, or
4 discussion of meeting times or payments.
5 (f) Upon request of the petitioner and in lieu of the personal appearance of the petitioner
6 in the courtroom, a hearing shall be conducted on camera, by 2-way electronic audio-video
7 communication, between the petitioner, the judge, and any others present in the courtroom for the
8 hearing, If the petitioner is represented by counsel and upon request of the petitioner, the
9 petitioner’s personal appearance shall be waived and counsel for petitioner shall be permitted to
10 appear on the petitioner’s behalf.
11 IX. Upon request of the petitioner, the court shall not disclose or open to public inspection
12 any information identifying the petitioner, including any records of the motion hearing which could
13 provide circumstantial details that may identify the petitioner. Information regarding the petitioner
14 that is sealed pursuant to this paragraph shall be disclosed only to the following:
15 (a) The judge of the circuit court, district division or superior court and members of the
16 staff of the court as designated by the judge;
17 (b) Parties to the proceedings and their attorneys;
18 (c) With the consent of the petitioner, any individual or public or private agency or
19 institution providing educational, medical, or mental health services to the petitioner;
20 (d) When necessary for the discharge of official duties, law enforcement officers,
21 prosecutors, or law enforcement or prosecution staff; or
22 (e) When authorized by court order, any other person, subject to any conditions imposed
23 by the order, consistent with the petitioner’s safety and privacy interests.
24 X.(a) An order vacating a conviction, adjudication of delinquency, or diversion agreement
25 shall:
26 (1) Nullify the conviction, delinquency adjudication, or diversion agreement;
27 (2) Vacate the conviction, delinquency adjudication, or diversion agreement due to a
28 substantive defect in the underlying criminal proceedings;
29 (3) Remove all civil disabilities and disqualifications imposed as a result of the
30 conviction, delinquency adjudication, or diversion agreement; and
31 (4) Place the petitioner in the position of never having been investigated, arrested,
32 convicted, deemed delinquent, or diverted for the offense.
33 (b) Upon a finding that the petitioner’s participation in the offense underlying the
34 conviction, delinquency adjudication, or diversion agreement was a result of being trafficked and an
35 entry of an order vacating the conviction, delinquency adjudication, or diversion agreement, the
36 court shall:
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1 (1) Order the conviction, delinquency adjudication, or diversion agreement and any
2 related court records and arrest records expunged and purged from all applicable state and federal
3 systems. The court shall enter this order regardless of whether the petitioner had any criminal
4 record prior or subsequent to the conviction, delinquency adjudication, or diversion agreement being
5 vacated.
6 (2) Order the division of state police to purge the conviction, delinquency
7 adjudication, or diversion agreement, and any related court records or arrest records from the
8 criminal history record information repository and all applicable state and federal databases. The
9 clerk of the court shall send a certified copy of the order to the division of state police, which shall
10 carry out the order and shall notify the following of the court’s order: the Federal Bureau of
11 Investigation, the New Hampshire department of corrections, and any other criminal justice agency
12 that may have a record of the conviction, adjudication of delinquency, or diversion agreement and
13 related court records or arrest records.
14 (c) Upon a finding that the petitioner’s participation in the offense underlying the
15 conviction, delinquency adjudication, or diversion agreement was a direct result of being trafficked
16 and an entry of an order vacating the conviction, delinquency adjudication, or diversion agreement,
17 the court may, in its discretion, grant other relief to the petitioning victim in the interests of justice.
18 (d) Vacating a conviction, delinquency adjudication, or diversion agreement shall not
19 affect any right of the person whose offense was vacated to appeal the conviction or sentence.
20 3 Effective Date. Part II of this act shall take effect upon its passage.
21
22 PART III
23 Relative to Bail Commissioners Fees.
24 1 Bail Commissioners; Fees. Amend RSA 597:20 to read as follows:
25 597:20 Fees. The bail commissioners in such cases shall be entitled to a fee of [$40] $65.
26 However, clerks of court or members of their staffs who are bail commissioners shall be entitled to
27 collect such fee only when called while not on active duty. In jurisdictions where the bail
28 commissioner is a full-time salaried police officer, constable, sheriff, deputy sheriff, state police
29 employee, or anyone else authorized to execute police powers, such person shall not receive the fee
30 established in this section, but instead such amount shall be remitted to the town or city in which
31 the district court is situated. If the defendant is indigent, the fee shall be waived.
32 2 Effective Date. Part III of this act shall take effect 60 days after its passage.
33
34 PART IV
35 Relative to Guardianship by Grandparents.
36 1 New Paragraph; Guardianship of Minors; Definition of Grandparent Added. Amend RSA
37 463:2 by inserting after paragraph III the following new paragraph:
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1 III-a. "Grandparent" includes a great-grandparent or great-great grandparent.
2 2 Effective Date. Part IV of this act shall take effect 60 days after its passage.
3
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