Bill Text: NH SB274 | 2012 | Regular Session | Introduced


Bill Title: Removing the phrase "mentally defective" from the aggravated felonious sexual assault statute.

Spectrum: Moderate Partisan Bill (Republican 9-2)

Status: (Passed) 2012-05-29 - Senate Signed by the Governor on 05/29/2012; Chapter 0105; Effective 07/28/2012 [SB274 Detail]

Download: New_Hampshire-2012-SB274-Introduced.html

SB 274 – AS INTRODUCED

2012 SESSION

12-2956

04/09

SENATE BILL 274

AN ACT removing the phrase “mentally defective” from the aggravated felonious sexual assault statute.

SPONSORS: Sen. Stiles, Dist 24; Sen. Carson, Dist 14; Sen. Lambert, Dist 13; Sen. Boutin, Dist 16; Sen. Barnes, Jr., Dist 17; Sen. Luther, Dist 12; Rep. Charron, Rock 7; Rep. Cali-Pitts, Rock 16; Rep. Griffin, Rock 4; Rep. Nevins, Rock 15; Rep. Pantelakos, Rock 16

COMMITTEE: Judiciary

ANALYSIS

This bill replaces the phrase “mentally defective” with “intellectually disabled” for purposes of aggravated felonious sexual assault.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2956

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT removing the phrase “mentally defective” from the aggravated felonious sexual assault statute.

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

1 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(h) to read as follows:

(h) When, except as between legally married spouses, the victim is [mentally defective] intellectually disabled and the actor knows or has reason to know that the victim is [mentally defective] intellectually disabled.

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

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