NEW LEGISLATION 2007/2008

New Hampshire's New Sexual Predator Act

The new Sexual Predator Act has three primary components:  (1) it enhances the penalties for first time and subsequent sexual offenders against children; (2) it strengthens the requirements for those that are required to register as sex offenders and increases the penalties for those that fail to comply; and (3) it provides for civil commitment of those offenders for medical treatment that are deemed to be sexually violent predators and a danger to the community.

The Sexual Predator Act increases the mandatory minimum for first time sexual offenders against children to 25 years in the New Hampshire State Prison.  For subsequent offenders against children, the Act increases the penalty to life in prison.

• HOUSE BILL 1692-FN -  establishing the New Hampshire sexual predators act.  This bill revises the statutes concerning sexual predators, and establishes a committee to identify and evaluate classification and risk assessment procedures for convicted sex offenders and offenders against children.

The Sexual Predator Act also made many changes to the Registration requirements for sex offenders.  For example, the new law requires the disclosure of much more information, including any place one stays for more than 5 non-consecutive days in a month.  The law also requires out-of-state offenders to register in New Hampshire if they work or go to school in New Hampshire.  As well, the time frame within which offenders are required to register and notify the State of any changes has been reduced from 30 to 5 days.  Most importantly, however, the penalties for failure to comply with the Registration requirements have been strengthened.  It is now a felony for one to knowingly fail to comply with the requirements or aid someone to evade registration.

Finally, the Sexual Predator Act empowers the State to involuntarily commit in secure psychiatric facilities, certain sex offenders if the State can prove after trial that the offender is a sexually violent predator.  As well, the law allows the State to seek involuntary civil commitment of those offenders that are deemed incompetent to stand trial.

• CHAPTER 135-E -  establishing Involuntary Civil Commitment of Sexually Violent Predators.

  135-E:1 Findings and Intent. –
  The general court finds that a small but extremely dangerous number of sexually violent predators exist who do not have a mental disease or defect that renders them appropriate for involuntary treatment under RSA 135-C, which is intended to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment, sexually violent predators generally have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. The general court further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. The general court further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under existing law. It is therefore the intent of the general court to create a civil commitment procedure for the long-term care and treatment of sexually violent predators.

  Source. 2006, 327:21, eff. Jan. 1, 2007.

   

HB 194 was signed into law on 7/3/07.  This amends RSA 265-A:5, 5V(e) to read:

Any person whose license or permission to drive has been revoked or suspended for an Aggravated DWI offense or a subsequent DWI offense shall be required by the court after the period of revocation or suspension to install an ignition interlock device as defined in RSA 259:43-a in any vehicle registered to that person or used by that person on a regular basis, for the remaining period of suspension or revocation plus an additional period not less than 12 months nor more than 2 years.  Installation and monitoring costs shall be paid by the offender.  A certificate proving installation of the device shall be provided to the division of motor vehicles as a condition precedent to reinstatement of the individual’s license to drive, and the division may mark the person’s license and the person’s number plate by use of a striping sticker accordingly. 

The court instructs the defendant to use one of the 2 authorized dealers.  Mike Diamond at Consumer Safety Technologies, Inc. can be reached at 248-408-8175.  Craig Champagne at Draeger Safety Diagnostics can be reached at 603-703-3336.

For DMV information only, call 603-271-3101.

• HOUSE BILL 194-FN -  an act relative to laboratories conducting alcohol concentration tests and relative to the alcohol ignition interlock program.

             Eff. Section 1 of this act shall take effect January 1, 2008.  Section II. The remainder of this act shall take effect upon its passage.