SB 156-FN – AS INTRODUCED

2013 SESSION

13-0943

04/09

SENATE BILL 156-FN

AN ACT relative to the appointment of a guardian ad litem in certain sexual assault cases.

SPONSORS: Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Rep. Hackel, Hills 29

COMMITTEE: Judiciary

ANALYSIS

This bill permits the court to use its discretion on the appointment of a guardian ad litem in certain sexual assault cases.

This bill is a request of the New Hampshire supreme court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13-0943

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the appointment of a guardian ad litem in certain sexual assault cases.

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

1 Sexual Assault and Related Offenses; Testimony and Evidence. Amend RSA 632-A:6, V to read as follows:

V. In any sexual assault case under RSA 632-A where the victim is 16 years of age or younger, and the defense has listed as a witness or subpoenaed a parent or parents to testify in the case and requested that the parent or parents be sequestered, the court [shall] may appoint a guardian ad litem to determine the best interests of the minor victim. If appointed by the court, the guardian ad litem shall make a recommendation to the court, based on the preferences and best interests of the victim, as to whether the parent or parents should be permitted to sit with the victim in the court room during the duration of the trial.

2 Applicability. This act shall apply to sexual assault cases initiated on or after the effective date of this act.

3 Effective Date. This act shall take effect January 1, 2014.

LBAO

13-0943

01/25/13

SB 156-FN - FISCAL NOTE

AN ACT relative to the appointment of a guardian ad litem in certain sexual assault cases.

FISCAL IMPACT: