Bill Text: NH SB391 | 2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relative to sexual assault survivors' rights.

Spectrum: Bipartisan Bill

Status: (Passed) 2018-06-20 - Signed by the Governor on 06/18/2018; Chapter 0276; Effective 08/17/2018 [SB391 Detail]

Download: New_Hampshire-2018-SB391-Amended.html

SB 391-FN - AS AMENDED BY THE SENATE

 

03/08/2018   0956s

2018 SESSION

18-2902

04/10

 

SENATE BILL 391-FN

 

AN ACT establishing a sexual assault survivors' rights commission.

 

SPONSORS: Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Rep. Cushing, Rock. 21

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill establishes a sexual assault survivors' right commission.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/08/2018   0956s 18-2902

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT establishing a sexual assault survivors' rights commission.

 

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

 

1  New Subdivision; Department of Justice; Sexual Assault Survivors' Rights Commission.  Amend RSA 21-M by inserting after section 17 the following new subdivision:

Sexual Assault Survivors' Rights Commission

21-M:18  Sexual Assault Survivors' Commission.  

I.  There is established a sexual assault survivors' rights commission to develop, coordinate, and disseminate best practices regarding the care and treatment of sexual assault survivors and the preservation of forensic evidence.  The commission shall consist of the following members:

(a)  Four members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  One senator, appointed by the president of the senate.

(c)  The attorney general, or designee.

(d)  The commissioner of the department of health and human services, or designee.

II.  The commission shall consult with and solicit advice and testimony from law enforcement personnel, prosecution, forensic laboratory personnel, counseling, forensic examiners, health care providers and representatives from not less than 3 national organizations and state coalitions with demonstrated expertise in sexual assault prevention, sexual assault advocacy, or representation of sexual assault victims, particularly representatives of underserved or ethnic minority communities.

III.  The commission shall:

(a)  Improve the coordination of the dissemination and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence to hospital administrators, physicians, forensic examiners, medical associations, and health care professionals.

(b)  Develop and implement, where appropriate, clinical guidelines and other incentives to encourage the adoption and implementation of best practices and protocols regarding the care and treatment of sexual assault survivors and the preservation of evidence among hospital administrators, physicians, forensic examiners, and other medical associations and health care professionals.

(c)  Improve the coordination of the dissemination and implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence to state and county attorneys, state and local law enforcement agencies, health care facilities, and forensic laboratory directors and managers.

(d)  Develop and implement, where appropriate, incentives to encourage the adoption or implementation of best practices regarding the care and treatment of sexual assault survivors and the preservation of evidence among state and county attorneys, state and local law enforcement agencies, health care facilities, and forensic laboratory directors and managers.

(e)  Collect feedback from state and local law enforcement agencies, victim services, forensic science practitioners, and health care professionals to inform development of future best practices clinical guidelines regarding the care and treatment of sexual assault survivors.

(f)  Perform other activities, such as activities relating to development, dissemination, outreach, engagement, or training associated with advancing victim-centered care for sexual assault survivors.

IV.  The members of the commission shall elect a chairperson from among the members.  The first meeting of the commission shall be called by the senate member.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  The commission shall meet not fewer than 2 times and not more than 5 times each year.  Four members of the commission shall constitute a quorum.

V.  Not later than one year after the effective date of this section, and annually thereafter, the commission shall submit a report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.

2  Effective Date.  This act shall take effect upon its passage.

 

LBAO

18-2902

Amended 3/12/18

 

SB 391-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-0956s)

 

AN ACT establishing a sexual assault survivors' rights commission.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

METHODOLOGY:

This bill would establish a sexual assault survivors' rights commission on which the Attorney General or designee would serve.  The Department anticipates membership on the commission will require a significant amount of time beyond the maximum 5 meetings per year.  The Department indicates the fiscal impact of the bill is indeterminable because it is uncertain how many meetings would be needed to accomplish the tasks associated with the bill.

 

AGENCIES CONTACTED:

Department of Justice

 

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