HB 1038-FN - AS INTRODUCED
2024 SESSION
24-2484
11/10
HOUSE BILL 1038-FN
SPONSORS: Rep. Verville, Rock. 2
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill prohibits registered sex offenders from employment at businesses providing direct services to minors or direct supervision or oversight of minors.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2484
11/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sexual Assault and Related Offenses; Prohibition from Employment Providing Direct Services to Minors. Amend RSA 632-A:10 to read as follows:
632-A:10 Prohibition From [Child Care Service of Persons Convicted of Certain Offenses] Employment in Businesses Providing Direct Services to Minors or Direct Supervision or Oversight of Minors.
I. A person is guilty of a class A felony if, having been convicted in this or any other jurisdiction of any felonious offense involving child sexual abuse images, or of a felonious physical assault on a minor, or of any sexual assault, he or she knowingly [undertakes] engages in any employment or volunteer service [involving the care, instruction or guidance of minor children, including, but not limited to, service as a teacher, a coach, or worker of any type in child athletics, a day care worker, a boy or girl scout master or leader or worker, a summer camp counselor or worker of any type, a guidance counselor, or a school administrator of any type.] that provides direct services to minors, or supervision or oversight of minors.
II.(a) A person is guilty of a class B felony if, having been convicted in this or any other jurisdiction of any of the offenses specified in paragraph I of this section, he or she knowingly fails to provide information of such conviction when applying or volunteering for [service or] any employment [of any type involving the care, instruction, or guidance of minor children, including, but not limited to, the types of services set forth in paragraph I.] or volunteer activity that provides direct services to minors, or supervision or oversight of minors.
(b) A public or private employer or organization, whose primary intent is to provide direct services to minors, or whose employees provide supervision or oversight of minors, shall conduct a criminal history records check of any prospective employee or volunteer.
III. A person is guilty of a class B felony if, having been convicted in this or any other jurisdiction of any of the offenses specified in paragraph I of this section, [he] they knowingly fail to provide information of such conviction when making application for initial teacher certification in this state.
2 Effective Date. This act shall take effect January 1, 2025.
24-2484
10/5/23
HB 1038-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund |
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Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/FiscalNotes/JudicialCorrectionalCosts.pdf.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association