New Hampshire Revised Statutes 169-B:35-a – Access to Information by Victims of Violent Crime
Current as of: 2023 | Check for updates
|
Other versions
I. For the purposes of this section:
(a) “Victim” shall mean a person who suffers direct physical, emotional, or psychological harm as a result of the commission of a violent 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.
(b) “Immediate family” shall mean a victim’s spouse, parent, sibling, or child; a person acting in loco parentis for the victim; or anyone related to the victim by blood or marriage and living in the same household as the victim.
(c) “Violent crime” shall mean capital, first-degree or second-degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first-degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, as these crimes are defined by statute.
II. In cases where a minor is charged with a violent crime and in addition to the provisions of N.H. Rev. Stat. § 169-B:34, a victim of violent crime shall have the rights provided in this paragraph. Upon request to the prosecution, the victim shall be entitled to the following:
(a) Prior to the disposition of the minor pursuant to N.H. Rev. Stat. § 169-B:19 or a transfer hearing pursuant to N.H. Rev. Stat. § 169-B:24, to:
(1) Be informed of the name, age, address, and custody status of the minor arraigned or adjudicated for the violent crime;
(2) Be informed of all court proceedings conducted pursuant to RSA 169-B;
(3) Confer with the prosecution and be consulted about the disposition of the case, including plea bargaining;
(4) Be informed of case progress and final disposition;
(5) Have input in the juvenile predispositional report;
(6) Appear and make a written or oral victim impact statement at the dispositional hearing or, in the case of a plea bargain, prior to any plea bargain agreement; and,
(7) Be informed of an appeal, receive an explanation of the appeal process, and receive notice of the result of the appeal.
(b) Subsequent to the disposition of a minor adjudicated for a violent crime, the victim shall receive notice of all review hearings conducted pursuant to N.H. Rev. Stat. § 169-B:31 and notice of any change in placement, temporary release or furlough, interstate transfer, parole, runaway, escape, or release of the minor.
(c)(1) When the court’s jurisdiction over a minor adjudicated for a violent crime terminates pursuant to N.H. Rev. Stat. § 169-B:4 or 169-B:19, the victim and the arresting law enforcement agency shall receive notice of the termination of the court’s jurisdiction and any information concerning the minor’s intended residence.
(2) The court may authorize the arresting law enforcement agency to provide information concerning the location of the minor’s intended residence to the law enforcement agency of that location if public safety requires such notification.
III. [Repealed.]
IV. It shall be unlawful for a victim or member of a law enforcement agency 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. (a) Except as expressly provided in this section or N.H. Rev. Stat. § 169-B:34, nothing in this section shall be construed to provide victims with the right to attend proceedings conducted pursuant to RSA 169-B, 170-H, or 621; to participate in decisions concerning the changes in placement, temporary release or furlough, interstate transfer, parole, or release of a minor adjudicated of a violent crime; or to have direct access to the case records or the court records of a minor adjudicated for a violent crime.
(b) Nothing in this section or N.H. Rev. Stat. § 169-B:34 shall be construed as creating a cause of action against the state, a county or municipality, or any of their agencies, instrumentalities or employees, or private providers of residential services to adjudicated delinquents.
(c) Nothing in this section or N.H. Rev. Stat. § 169-B:34 shall be construed as creating any new cause of action or new remedy or right for a criminal defendant.
(a) “Victim” shall mean a person who suffers direct physical, emotional, or psychological harm as a result of the commission of a violent 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.
Terms Used In New Hampshire Revised Statutes 169-B:35-a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
(b) “Immediate family” shall mean a victim’s spouse, parent, sibling, or child; a person acting in loco parentis for the victim; or anyone related to the victim by blood or marriage and living in the same household as the victim.
(c) “Violent crime” shall mean capital, first-degree or second-degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first-degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, as these crimes are defined by statute.
II. In cases where a minor is charged with a violent crime and in addition to the provisions of N.H. Rev. Stat. § 169-B:34, a victim of violent crime shall have the rights provided in this paragraph. Upon request to the prosecution, the victim shall be entitled to the following:
(a) Prior to the disposition of the minor pursuant to N.H. Rev. Stat. § 169-B:19 or a transfer hearing pursuant to N.H. Rev. Stat. § 169-B:24, to:
(1) Be informed of the name, age, address, and custody status of the minor arraigned or adjudicated for the violent crime;
(2) Be informed of all court proceedings conducted pursuant to RSA 169-B;
(3) Confer with the prosecution and be consulted about the disposition of the case, including plea bargaining;
(4) Be informed of case progress and final disposition;
(5) Have input in the juvenile predispositional report;
(6) Appear and make a written or oral victim impact statement at the dispositional hearing or, in the case of a plea bargain, prior to any plea bargain agreement; and,
(7) Be informed of an appeal, receive an explanation of the appeal process, and receive notice of the result of the appeal.
(b) Subsequent to the disposition of a minor adjudicated for a violent crime, the victim shall receive notice of all review hearings conducted pursuant to N.H. Rev. Stat. § 169-B:31 and notice of any change in placement, temporary release or furlough, interstate transfer, parole, runaway, escape, or release of the minor.
(c)(1) When the court’s jurisdiction over a minor adjudicated for a violent crime terminates pursuant to N.H. Rev. Stat. § 169-B:4 or 169-B:19, the victim and the arresting law enforcement agency shall receive notice of the termination of the court’s jurisdiction and any information concerning the minor’s intended residence.
(2) The court may authorize the arresting law enforcement agency to provide information concerning the location of the minor’s intended residence to the law enforcement agency of that location if public safety requires such notification.
III. [Repealed.]
IV. It shall be unlawful for a victim or member of a law enforcement agency 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. (a) Except as expressly provided in this section or N.H. Rev. Stat. § 169-B:34, nothing in this section shall be construed to provide victims with the right to attend proceedings conducted pursuant to RSA 169-B, 170-H, or 621; to participate in decisions concerning the changes in placement, temporary release or furlough, interstate transfer, parole, or release of a minor adjudicated of a violent crime; or to have direct access to the case records or the court records of a minor adjudicated for a violent crime.
(b) Nothing in this section or N.H. Rev. Stat. § 169-B:34 shall be construed as creating a cause of action against the state, a county or municipality, or any of their agencies, instrumentalities or employees, or private providers of residential services to adjudicated delinquents.
(c) Nothing in this section or N.H. Rev. Stat. § 169-B:34 shall be construed as creating any new cause of action or new remedy or right for a criminal defendant.