SB 136 – AS AMENDED BY THE SENATE
03/14/13 0733s
2013 SESSION
04/03
SENATE BILL 136
AN ACT relative to the rights of the immediate family of crime victims.
SPONSORS: Sen. Carson, Dist 14
This bill amends the rights of the immediate family of crime victims.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/13 0733s
13-0880
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the rights of the immediate family of crime victims.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Name of Act. This act shall be known as Tony’s Law.
2 Rights of Crime Victims. Amend RSA 21-M:8-k, I-II to read as follows:
I. As used in this section:
(a) “Victim” means a person who suffers direct or threatened physical, emotional, psychological, or financial harm as a result of the commission or the attempted commission of a crime. “Victim” also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim, or the surviving partner in a civil union.
(b) “Crime” means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than one year or an offense expressly designated by law to be a felony.
II. To the extent that they can be reasonably guaranteed by the courts and by law enforcement and correctional authorities, and are not inconsistent with the constitutional or statutory rights of the accused, crime victims are entitled to the following rights:
(a) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.
(b) The right to be informed about the criminal justice process and how it progresses, including the right to be informed by the investigating law enforcement agency within 24 hours of the occurrence of the offense of the following:
(1) A list of local emergency and crisis services available.
(2) The name and phone number of the law enforcement officer in charge of the investigation and the law enforcement agency in charge of making the report.
(c) The right to be free from intimidation and to be reasonably protected from the accused throughout the criminal justice process, and to refuse any communication with the accused.
(d) The right to be notified of all court proceedings.
(e) The right to attend trial and all other court proceedings the accused has the right to attend.
(f) The right to confer with the prosecution and to be consulted about the disposition of the case, including plea bargaining.
(g) The right to have inconveniences associated with participation in the criminal justice process minimized.
(h) The right to be notified if presence in court is not required.
(i) The right to be informed about available resources, financial assistance, and social services.
(j) The right to restitution, as granted under RSA 651:62-67 or any other applicable state law, or victim’s compensation, under RSA 21-M:8-h or any other applicable state law, for their losses.
(k) The right to be provided a secure[, but not necessarily] and separate[,] waiting area during court proceedings.
(l) The right to be advised of case progress and final disposition.
(m) The right of confidentiality of the victim’s address, place of employment, and other personal information.
(n) The right to the prompt return of property when no longer needed as evidence.
(o) The right to have input in the probation presentence report impact statement.
(p) The right to appear [and], make a written or oral victim impact statement, and display a photograph of the victim taken prior to the offense, at the sentencing of the defendant or, in the case of a plea bargain, prior to any plea bargain agreement. No victim shall be subject to questioning by counsel when giving an impact statement.
(q) The right to be notified of an appeal, an explanation of the appeal process, and the time, place, and result of the appeal, and the right to attend the appeal hearing.
(r) The right to be notified of, to attend, and to make a written or oral victim impact statement at the sentence review hearings and sentence reduction hearings. No victim shall be subject to questioning by counsel when giving an impact statement.
(s) The right to be notified of any change of status such as prison release, permanent interstate transfer, or escape, and the date of the parole board hearing, when requested by the victim through the victim advocate.
(t) The right to address or submit a written statement for consideration by the parole board on the defendant’s release and to be notified of the decision of the board, when requested by the victim through the victim advocate.
(u) The right to all federal and state constitutional rights guaranteed to all victims of crime on an equal basis, and notwithstanding the provisions of any laws on capital punishment, the right not to be discriminated against or have their rights as [a victim] victims denied, diminished, expanded, or enhanced on the basis of the [victim’s] victims’ support for, opposition to, or neutrality on the death penalty.
(v) The right to access to restorative justice programs, including victim-initiated victim-offender dialogue programs offered through the department of corrections.
(w) The right to be informed of the filing of a petition for post-conviction DNA testing under RSA 651-D.
3 Effective Date. This act shall take effect 60 days after its passage.