   
United States House of Representatives -
Thursday, October 29, 2009
Committee on the Judiciary - Hearing on Racial
Disparities in the Criminal Justice System
2141 Rayburn House Office Building, Washington D.C.
County Attorney James Reams testifying on behalf of
the Subcommittee on Crime.
Click here to watch Attorney Reams' testimony (Real
Networks RealPlayer
needed to view)
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NEW 2010 LEGISLATION
HB 1523 - AN ACT
revising the pupil safety and violence prevention act.
Be
it Enacted by the Senate and House of Representatives in
General Court convened:
155:1 Pupil Safety
and Violence Prevention; Purpose. RSA 193-F:2 is
repealed and reenacted to read as follows:
193-F:2 Purpose and
Intent.
I. All pupils have
the right to attend public schools, including chartered
public schools, that are safe, secure, and peaceful
environments. One of the legislature’s highest
priorities is to protect our children from physical,
emotional, and psychological violence by addressing the
harm caused by bullying and cyberbullying in our public
schools.
II. Bullying in
schools has historically included actions shown to be
motivated by a pupil’s actual or perceived race, color,
religion, national origin, ancestry or ethnicity, sexual
orientation, socioeconomic status, age, physical,
mental, emotional, or learning disability, gender,
gender identity and expression, obesity, or other
distinguishing personal characteristics, or based on
association with any person identified in any of the
above categories.
III. It is the intent
of the legislature to protect our children from
physical, emotional, and psychological violence by
addressing bullying and cyberbullying of any kind in our
public schools, for all of the historical reasons set
forth in this section, and to prevent the creation of a
hostile educational environment.
IV. The sole purpose
of this chapter is to protect all children from bullying
and cyberbullying, and no other legislative purpose is
intended, nor should any other intent be construed from
the enactment of this chapter.
155:2 Pupil Safety
and Violence Prevention; Definitions. RSA 193-F:3
through RSA 193-F:5 are repealed and reenacted to read
as follows:
193-F:3 Definitions.
In this chapter:
I.(a) “Bullying”
means a single significant incident or a pattern of
incidents involving a written, verbal, or electronic
communication, or a physical act or gesture, or any
combination thereof, directed at another pupil which:
(1) Physically harms
a pupil or damages the pupil’s property;
(2) Causes emotional
distress to a pupil;
(3) Interferes with a
pupil’s educational opportunities;
(4) Creates a hostile
educational environment; or
(5) Substantially
disrupts the orderly operation of the school.
(b) “Bullying” shall
include actions motivated by an imbalance of power based
on a pupil’s actual or perceived personal
characteristics, behaviors, or beliefs, or motivated by
the pupil’s association with another person and based on
the other person’s characteristics, behaviors, or
beliefs.
II. “Cyberbullying”
means conduct defined in paragraph I of this section
undertaken through the use of electronic devices.
III. “Electronic
devices” include, but are not limited to, telephones,
cellular phones, computers, pagers, electronic mail,
instant messaging, text messaging, and websites.
IV. “Perpetrator”
means a pupil who engages in bullying or cyberbullying.
V. “School property”
means all real property and all physical plant and
equipment used for school purposes, including public or
private school buses or vans.
VI. “Victim” means a
pupil against whom bullying or cyberbullying has been
perpetrated.
193-F:4 Pupil Safety
and Violence Prevention.
I. Bullying or
cyberbullying shall occur when an action or
communication as defined in RSA 193-F:3:
(a) Occurs on, or is
delivered to, school property or a school-sponsored
activity or event on or off school property; or
(b) Occurs off of
school property or outside of a school-sponsored
activity or event, if the conduct interferes with a
pupil’s educational opportunities or substantially
disrupts the orderly operations of the school or
school-sponsored activity or event.
II. The school board
of each school district and the board of trustees of a
chartered public school shall, no later than 6 months
after the effective date of this section, adopt a
written policy prohibiting bullying and cyberbullying.
Such policy shall include the definitions set forth in
RSA 193-F:3. The policy shall contain, at a minimum, the
following components:
(a) A statement
prohibiting bullying or cyberbullying of a pupil.
(b) A statement
prohibiting retaliation or false accusations against a
victim, witness, or anyone else who in good faith
provides information about an act of bullying or
cyberbullying and, at the time a report is made, a
process for developing, as needed, a plan to protect
pupils from retaliation.
(c) A requirement
that all pupils are protected regardless of their status
under the law.
(d) A statement that
there shall be disciplinary consequences or
interventions, or both, for a pupil who commits an act
of bullying or cyberbullying, or falsely accuses another
of the same as a means of retaliation or reprisal.
(e) A statement
indicating how the policy shall be made known to school
employees, regular school volunteers, pupils, parents,
legal guardians, or employees of a company under
contract to a school, school district, or chartered
public school. Recommended methods of communication
include, but are not limited to, handbooks, websites,
newsletters, and workshops.
(f) A procedure for
reporting bullying or cyberbullying that identifies all
persons to whom a pupil or another person may report
bullying or cyberbullying.
(g) A procedure
outlining the internal reporting requirements within the
school or school district or chartered public school.
(h) A procedure for
notification, within 48 hours of the incident report, to
the parent or parents or guardian of a victim of
bullying or cyberbullying and the parent or parents or
guardian of the perpetrator of the bullying or
cyberbullying. The content of the notification shall
comply with the Family Educational Rights and Privacy
Act, 20 U.S.C. 1232g.
(i) A provision that
the superintendent or designee may, within the 48-hour
period, grant the school principal or designee a waiver
from the notification requirement if the superintendent
or designee deems such waiver to be in the best interest
of the victim or perpetrator. Any such waiver granted
shall be in writing. Granting of a waiver shall not
negate the school’s responsibility to adhere to the
remainder of its approved written policy.
(j) A written
procedure for investigation of reports, to be initiated
within 5 school days of the reported incident,
identifying either the principal or the principal’s
designee as the person responsible for the investigation
and the manner and time period in which the results of
the investigation shall be documented. The
superintendent or designee may grant in writing an
extension of the time period for the investigation and
documentation of reports for up to an additional 7
school days, if necessary. The superintendent or
superintendent’s designee shall notify in writing all
parties involved of the granting of an extension.
(k) A requirement
that the principal or designee develop a response to
remediate any substantiated incident of bullying or
cyberbullying, including imposing discipline if
appropriate, to reduce the risk of future incidents and,
where deemed appropriate, to offer assistance to the
victim or perpetrator. When indicated, the principal or
designee shall recommend a strategy for protecting all
pupils from retaliation of any kind.
(l) A requirement
that the principal or designee report all substantiated
incidents of bullying or cyberbullying to the
superintendent or designee.
(m) A written
procedure for communication with the parent or parents
or guardian of victims and perpetrators regarding the
school’s remedies and assistance, within the boundaries
of applicable state and federal law. This communication
shall occur within 10 school days of completion of the
investigation.
(n) Identification,
by job title, of school officials responsible for
ensuring that the policy is implemented.
III. The department
of education may develop a model policy in accordance
with the requirements set forth in this chapter which
may be used by schools, school districts, and chartered
public schools as a basis for adopting a local policy.
IV. A school board or
board of trustees of a chartered public school shall, to
the greatest extent practicable, involve pupils,
parents, administrators, school staff, school
volunteers, community representatives, and local law
enforcement agencies in the process of developing the
policy. The policy shall be adopted by all public
schools within the school district and, to the extent
possible, the policy should be integrated with the
school’s curriculum, discipline policies, behavior
programs, and other violence prevention efforts.
193-F:5 Training and
Assessment.
I. Each school
district and chartered public school shall provide:
(a) Training on
policies adopted pursuant to this chapter, within 9
months of the effective date of this section and
annually thereafter, for school employees, regular
school volunteers, or employees of a company under
contract to a school, school district, or chartered
public school who have significant contact with pupils
for the purpose of preventing, identifying, responding
to, and reporting incidents of bullying or cyberbullying;
and
(b) Educational
programs for pupils and parents in preventing,
identifying, responding to, and reporting incidents of
bullying or cyberbullying. Any such program for pupils
shall be written and presented in age appropriate
language.
II. The department of
education shall provide evidence-based educational
programs to support training as required under paragraph
I.
III. Nothing in this
chapter shall require the inclusion of any specific
curriculum, textbook, or other material designed to
prevent bullying or cyberbullying in any program or
activity conducted by an educational institution. The
omission of such subject matter from any curriculum,
textbook, or other material in any program or activity
conducted by an educational institution shall not
constitute a violation of this chapter.
155:3 New Sections;
Pupil Safety and Violence Prevention. Amend RSA 193-F by
inserting after section 5 the following new sections:
193-F:6 Reporting.
I. Each school
district and chartered public school shall annually
report substantiated incidents of bullying or
cyberbullying to the department of education. Pursuant
to the Family Educational Rights and Privacy Act, 20
U.S.C. 1232g, such reports shall not contain any
personally identifiable information pertaining to any
pupil. The department shall develop a form to facilitate
the reporting by school districts and chartered public
schools. The department shall maintain records of such
reports.
II. The department of
education shall prepare an annual report of
substantiated incidents of bullying or cyberbullying in
the schools. The report shall include the number and
types of such incidents in the schools and shall be
submitted to the president of the senate, the speaker of
the house of representatives, and the chairpersons of
the house and senate education committees. The
department of education shall assist school districts
with recommendations for appropriate actions to address
identified problems with pupil safety and violence
prevention.
193-F:7 Immunity. A
school administrative unit employee, school employee,
chartered public school employee, regular school
volunteer, pupil, parent, legal guardian, or employee of
a company under contract to a school, school district,
school administrative unit, or chartered public school,
shall be immune from civil liability for good faith
conduct arising from or pertaining to the reporting,
investigation, findings, recommended response, or
implementation of a recommended response under this
chapter. The department of education shall be immune
from civil liability for its good faith conduct in
making recommendations under this chapter.
193-F:8 School
District Discrimination or Harassment Policies. A school
district or chartered public school may establish
separate discrimination or harassment policies that
include categories of pupils, and nothing in this
chapter shall prevent a school district or chartered
public school from remediating any discrimination or
harassment based on a person’s membership in a legally
protected category under local, state, or federal law.
193-F:9 Private Right
of Action Not Permitted. Nothing in this chapter shall
supersede or replace existing rights or remedies under
any other general or special law, including criminal
law, nor shall this chapter create a private right of
action for enforcement of this chapter against any
school district or chartered public school, or the
state.
193-F:10 Public
Academies. The provisions of this chapter shall apply to
public academies as defined in RSA 194:23.
155:4 Wiretapping and
Eavesdropping; Interception and Disclosure. Amend RSA
570-A:2, II(k)(1) to read as follows:
(k)(1) The owner or
operator of a school bus, as defined in RSA 259:96, to
make an audio recording in conjunction with a video
recording of the interior of the school bus while
students are being transported to and from school or
school activities, provided that the school board
authorizes audio recording, the school district provides
notification of such recording to the parents and
students as part of the district's pupil safety and
violence prevention policy required under [RSA 193-F:3,
I(b)] RSA 193-F, and there is a sign
informing the occupants of such recording prominently
displayed on the school bus.
155:5 New Section;
Safe School Zones; Liability for Reporting. Amend RSA
193-D by inserting after section 8 the following new
section:
193-D:9 Liability for
Reporting. Any public or private school employee or
employee of a company under contract to a school or
school district who in good faith has made a report
under RSA 193-D shall not be subject to liability for
making the report.
155:6 Effective Date.
This act shall take effect July 1, 2010.
Approved: June 15,
2010
Effective Date: July
1, 2010
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NEW 2007/2008 LEGISLATION
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.
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.
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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.
Breath Alcohol
Ignition Interlock in New Hampshire
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.
Note: Only a
court can order the installation of
an ignition interlock device as a
condition for obtaining a driver license
in the State of New Hampshire.
Additionally, the installation order
must be the direct result of a
conviction for one of the DWI
offenses specified in the New
Hampshire Revised Statutes Annotated (RSA
265-A:36). As of July 1, 2006,
courts were mandated to order
installation of the alcohol ignition interlock
device for conviction of driving
while under suspension, when the
underlying case was DWI. The Division
of Motor Vehicles is not responsible
for other types of court-ordered or
“voluntary” interlock installations
or monitoring.
The following
is the series of events, in
chronological order, which must
occur for an offender to obtain a New Hampshire
Driver License with an interlock
restriction:
1. The court
orders the ignition interlock
installation as one of several
conditions that must be met before the
offender can be eligible for a
driver license.
2. The court
notifies the DMV of the conviction
and associated orders/conditions
(i.e. alcohol program, fine,
period of suspension prior to
eligibility for interlock
installation, etc.).
3. The
offender must satisfy all of the
court-ordered requirements (i.e.
successfully complete the alcohol
program, complete the period of
suspension, etc.)
4. The
offender then arranges with the
ignition interlock vendor to have
interlock(s) installed on any vehicles that
are covered by the court order.
5. The
ignition interlock vendor installs
the interlock(s) as required by the
court order.
6. The
offender obtains a Certificate of
Installation from the interlock
vendor.
7. The
offender comes to the DMV and:
a. Presents
proof of completion of the alcohol
program and all other court-ordered requirements;
b. Pays any
fines and/or restoration fees that
may be due; and
c. Presents
the Certificate of Installation from
the ignition interlock vendor.
8. If the
offender has satisfied all
conditions of the court order, and
has provided proof to that effect, and if the
offender has provided proof that the
interlock has been installed on all
vehicles that are covered by the
court order, then the DMV will issue
a driver license with the interlock
restriction on it.
It is the
offender’s responsibility to obtain
any necessary details or
clarification of conditions,
suspension periods, etc.
from the court. It is also the
offender’s sole responsibility to
fully satisfy all of those conditions and
to obtain official written proof of
the Certificate of Installation
before the offender is eligible to obtain a
driver license that bears the
ignition interlock restriction code.
Once the
required period for using the
ignition interlock has ended, it is
the offender’s sole responsibility to apply to
the DMV to have the ignition
interlock restriction removed from
the driver license.
For DMV
information only, call 603-271-3101.
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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.
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