Bill Text: NH HB306 | 2020 | Regular Session | Introduced


Bill Title: Prohibiting the destruction of sexual assault evidence collection kits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-09-23 - Interim Study Report: Recommended for Future Legislation (Vote 8-3) [HB306 Detail]

Download: New_Hampshire-2020-HB306-Introduced.html

HB 306 - AS INTRODUCED

 

 

2019 SESSION

19-0441

04/01

 

HOUSE BILL 306

 

AN ACT prohibiting the destruction of sexual assault evidence collection kits.

 

SPONSORS: Rep. Frost, Straf. 16; Rep. Read, Rock. 17

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill requires the preservation of sexual assault evidence collection kits in perpetuity.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0441

04/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT prohibiting the destruction of sexual assault evidence collection kits.

 

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

 

1  Sexual Assault Survivors' Rights; Preservation of Sexual Assault Evidence Collection Kits.  Amend RSA 21-M:18, I(b)(1) to read as follows:

(1)  Have a sexual assault evidence collection kit [or] and its probative contents preserved[,] without charge[, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter] in perpetuity;

2  Sexual Assault Survivors' Rights; Preservation of Evidence Collection Kits.  Amend RSA 21-M:18, I(c)-(d) to read as follows:

(c)  [The right, if the state intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration date of the maximum applicable statute of limitations, to:

(1)  Upon written request, receive written notification from the prosecutor or appropriate state official with custody not later than 60 days before the date of the intended destruction or disposal; and

(2)  Upon written request, be granted further preservation of the kit or its probative contents.

(d)]  The right to be informed of the rights under this section.

3  Notification of Sexual Assault Survivors' Rights; Preservation of Sexual Assault Evidence Collection Kits.  Amend RSA 21-M:19, II(e) to read as follows:

(e)  Policies regarding the storage[,] and preservation[, and disposal] of sexual assault evidence collection kits.

4  Effective Date.  This act shall take effect 60 days after its passage.

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