CHAPTER 208
HB 523-FN – FINAL VERSION
13Jan2010… 2009-2444h
17Feb2010… 0445h
05/12/10 1941s
2010 SESSION
04/05
HOUSE BILL 523-FN
AN ACT requiring DNA testing of all persons convicted of a felony and making changes to the information and analysis center.
SPONSORS: Rep. Welch, Rock 8; Rep. Shurtleff, Merr 10
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Amends certain provisions of RSA 651-C requiring DNA analysis of criminal offenders.
II. Repeals the definitions of “sexual offender” and “violent crime” in RSA 651-C.
III. Inserts a provision governing the applicability of RSA 651-C.
IV. Requires the department of safety to expend available biennial appropriations to fund the requirements of this act and prohibits the use of any highway funds for the purposes of this act.
V. Makes changes to the information and analysis center contingent upon HB 587-FN of the 2010 legislative session becoming law.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Jan2010… 2009-2444h
17Feb2010… 0445h
05/12/10 1941s
09-0066
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT requiring DNA testing of all persons convicted of a felony and making changes to the information and analysis center.
Be it Enacted by the Senate and House of Representatives in General Court convened:
208:1 DNA Testing of Criminal Offenders; DNA Analysis Required. Amend RSA 651-C:2, I to read as follows:
I. Upon intake or prior to the release of any offender after conviction for the commission of any [offense defined in RSA 651-C:1, VIII or IX, or commission of a similar offense] sexual offense, as defined in RSA 651-B:1, V, or any offense against a child as defined in RSA 651-B:1, VII, or any other felony offense prohibited by the laws of this or another state or federal law [or the laws of another state], whether on probation, conditional or unconditional release, completion of sentence, or release for any other reason, [or prior to the release of any juvenile offender after a finding of delinquency,] such person shall have a DNA sample taken for DNA analysis to determine identification characteristics specific to the person.
208:2 Repeal. The following are repealed:
I. RSA 651-C:1, VIII and IX, relative to the definitions of “sexual offender” and “violent crime.”
II. RSA 651-C:7, relative to the applicability of RSA 651-C for DNA testing of criminal offenders.
208:3 Applicability.
I. Section 1 of this act shall apply to those persons who are incarcerated in a state or county correctional facility, or on probation or parole, for a felony offense, or who are required to register under RSA 651-B, on or after the effective date of this act.
II. The provisions of RSA 651-C in effect prior to the effective date of this act shall apply to those persons convicted of a violent crime as defined in that chapter, on or after July 1, 2003, and to persons incarcerated in a state or county correctional facility, or on probation or parole, for a violent crime as defined in RSA 651-C:1, IX, on or after July 1, 2003.
III. The provisions of RSA 651-C in effect prior to the effective date of this act shall apply to those persons convicted of a sexual offense listed under RSA 651-C:1, VIII, on or after August 2, 1996, and to persons incarcerated in a state or county correctional facility for a sexual offense listed under RSA 651-C:1, VIII, on or after August 2, 1996.
208:4 Use of Highway Funds Prohibited. The department of safety shall only expend available biennial appropriations, but shall expend no highway funds, to implement the requirements of section 1 of this act.
208:5 Information and Analysis Center; Purposes and Duties. Amend RSA 651-F:2, IV to read as follows:
IV. The center may allow the attendance, on detached duty with appropriate security clearances, of representatives of local police departments, county sheriffs’ departments, the 911 mapping unit, [and] the department of health and human services[. Until June 30, 2013, the center may allow attendance of employees of], the Federal Bureau of Investigation, and the Department of Homeland Security who shall be subject to the provisions of this chapter regarding access to information.
208:6 New Paragraph; Information and Analysis Center; Advisory Committee. Amend RSA 651-F:3 by inserting after paragraph III the following new paragraph:
IV. On or before November 30, 2013, the advisory council on emergency preparedness and security shall report to the governor, the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate finance committees on the progress and accomplishments of the information and analysis center and shall include recommendations for any legislative changes and whether or not the operations of the center should continue.
208:7 Information and Analysis Center; Penalties. RSA 651-F:7 is repealed and reenacted to read as follows:
651-F:7 Penalties.
I. Any person who purposely obtains, receives, uses, disseminates to an unauthorized individual, or retains any personally identifiable information on individuals in contravention of the provisions of this chapter shall be guilty of a felony and subject to a fine of $1,000 for each such violation. Prosecutions under this section shall be the responsibility of the attorney general.
II. An aggrieved individual may bring suit for civil penalties for up to $10,000 or actual damages, whichever is greater, for a violation of this section, but no action against the state shall exceed the limits to which the state has waived its sovereign immunity. The court may also award court costs and reasonable attorney's fees.
208:8 Repeal. RSA 651-F, relative to the establishment of the information and analysis center, is repealed.
208:9 Contingency. If HB 587-FN of the 2010 legislative session becomes law, then sections 5-8 of this act shall take effect as provided in section 10 of this act. If HB 587-FN of the 2010 legislative session does not become law, then sections 5-8 of this act shall not take effect.
208:10 Effective Date.
I. Section 4 of this act shall take effect July 1, 2011.
II. Section 8 of this act shall take effect December 31, 2014.
III. Section 9 of this act shall take effect upon its passage.
IV. The remainder of this act shall take effect 60 days after its passage.
Approved: June 25, 2010
Effective Date: I. Section 4 shall take effect July 1, 2011.
II. Section 8 shall take effect December 31, 2014.
III. Section 9 shall take effect June 25, 2010.
IV. Remainder shall take effect August 24, 2010