§ 169-B:35-a — Access to Information by Victims of Violent Crime

New Hampshire § 169-B:35-a

• Jurisdiction: New Hampshire
• Title XII: PUBLIC SAFETY AND WELFARE
• Ch. 169-B: DELINQUENT CHILDREN

Text

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 RSA 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 RSA 169-B:19 or a transfer hearing pursuant to RSA 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 RSA 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 RSA 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 RSA 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 RSA 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 RSA 169-B:34 shall be construed as creating any new cause of action or new remedy or right for a criminal defendant.

Legislative History

1994, 357:2. 1995, 181:3. 1996, 294:2-5, 8, eff. Aug. 9, 1996.