New Hampshire Revised Statutes 169-B:34 – Court Sessions; Access to Information
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I. (a) All juvenile cases shall be heard separately from the trial of criminal cases, and such hearing shall be held wherever possible in rooms not used for such trials. Only such persons as the parties, their witnesses, their counsel, the victim, a victim witness advocate or other person chosen by the victim, the county attorney, the attorney general and the representatives of the agencies present to perform their official duties shall be admitted; provided, however, that if the witness is under 16 years of age, the witness’ parent or other appropriate adult shall be permitted to be present during the witness’ testimony. In those cases where the delinquent act complained of would constitute a felony if the act of an adult, the attorney general and the county attorney of the county in which the offense took place shall receive notice thereof by the court.
(b) For the purpose of this section, “victim” means a person who suffers direct physical, emotional, psychological, or economic harm as a result of the commission of a crime or delinquent act. “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.
II. If the victim is unable to attend the hearing under paragraph I, the prosecution, upon request of the victim, may disclose to the victim information disclosed at the hearing.
III. At any time after the diversion or arraignment of a juvenile, the following information regarding the juvenile shall be disclosed to the victim, and may be disclosed to the victim’s immediate family, upon the request of the victim or the victim’s immediate family, by a law enforcement agency or the prosecution:
(a) Name.
(b) Age.
(c) Address.
(d) Gender.
(e) Offense charged.
(f) Custody status.
(g) Adjudicatory status and disposition.
IV. It shall be unlawful for a victim or any member of the victim’s immediate family to disclose any confidential information to any person not authorized or entitled to access such confidential information. Any person who knowingly discloses such confidential information shall be guilty of a misdemeanor.
V. No minor who is the subject of a petition filed pursuant to N.H. Rev. Stat. § 169-B:6 shall be held in or escorted through any part of a court facility that is occupied by the members of the public while the minor is in handcuffs, shackles, or other devices which would indicate that the minor is in law enforcement custody or subject to an order of confinement, unless no reasonable, alternative means of egress is available.
(b) For the purpose of this section, “victim” means a person who suffers direct physical, emotional, psychological, or economic harm as a result of the commission of a crime or delinquent act. “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.
Terms Used In New Hampshire Revised Statutes 169-B:34
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
II. If the victim is unable to attend the hearing under paragraph I, the prosecution, upon request of the victim, may disclose to the victim information disclosed at the hearing.
III. At any time after the diversion or arraignment of a juvenile, the following information regarding the juvenile shall be disclosed to the victim, and may be disclosed to the victim’s immediate family, upon the request of the victim or the victim’s immediate family, by a law enforcement agency or the prosecution:
(a) Name.
(b) Age.
(c) Address.
(d) Gender.
(e) Offense charged.
(f) Custody status.
(g) Adjudicatory status and disposition.
IV. It shall be unlawful for a victim or any member of the victim’s immediate family to disclose any confidential information to any person not authorized or entitled to access such confidential information. Any person who knowingly discloses such confidential information shall be guilty of a misdemeanor.
V. No minor who is the subject of a petition filed pursuant to N.H. Rev. Stat. § 169-B:6 shall be held in or escorted through any part of a court facility that is occupied by the members of the public while the minor is in handcuffs, shackles, or other devices which would indicate that the minor is in law enforcement custody or subject to an order of confinement, unless no reasonable, alternative means of egress is available.