Bill Text: NH HB576 | 2021 | Regular Session | Introduced


Bill Title: Relative to victims compensation fund eligibility.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced) 2021-03-09 - Retained in Committee [HB576 Detail]

Download: New_Hampshire-2021-HB576-Introduced.html

HB 576  - AS INTRODUCED

 

 

2021 SESSION

21-0707

04/08

 

HOUSE BILL 576

 

AN ACT relative to victims compensation fund eligibility.

 

SPONSORS: Rep. Massimilla, Graf. 1; Rep. Pantelakos, Rock. 25; Rep. T. Smith, Hills. 17; Rep. Egan, Graf. 2; Rep. Burroughs, Carr. 1; Rep. Merchant, Sull. 4; Sen. Hennessey, Dist 1

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill amends the provisions of the victims' compensation fund by permitting claims for victims of human trafficking, allowing claims based on sexual abuse or human trafficking to be filed at any time, and eliminating the consideration of contributory negligence in claims based on sexual abuse or human trafficking.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0707

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to victims compensation fund eligibility.

 

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

 

1  Department of Justice; Claimant Eligibility; Compensation.  Amend RSA 21-M:8-h, I(a)(3) to read as follows:

(3)  Any person who is a victim of sexual abuse or human trafficking and is under the age of 18 at the time [the claim is filed] of the offense;

2  Department of Justice; Claimant Eligibility; Compensation.  Amend RSA 21-M:8-h, II-IV to read as follows:

II.  The claimant, guardian ad litem or child advocate, or parent may file a claim for compensation within 2 years of the crime, unless good cause is shown.  A claimant who was the victim of sexual abuse or human trafficking under subparagraph I(a)(3), or a guardian ad litem, child advocate, or parent on behalf of such claimant, may file a claim at any time.

III.  A claimant shall not be deemed ineligible for compensation based solely upon failure to apprehend the offender, or based [solely] upon failure of the state to obtain a conviction against the offender, providing there is reasonable evidence to sustain the claim that a crime had been committed which resulted in injury to the victim.

IV.  The commission may consider the finding of innocence or guilt of the alleged offender in arriving at their determination of eligibility of the claimant.  In determining eligibility and the amount of compensation to be awarded, the commission shall consider the contributory fault of the victim in causing his injury.  If compensation is paid to members of the accused's immediate family, or persons who reside with or who have maintained a continuous relationship with the accused, the accused shall receive no benefit or enrichment as a result of payment of such compensation.  The commission shall not consider contributory fault in determining the amount of compensation to be awarded if the claimant was a victim of sexual abuse or human trafficking under subparagraph I(a)(3).  

3  Effective Date.  This act shall take effect 60 days after its passage.

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