HB415: (New Title) raising the age of the speedy trial requirement from 13 years of age to 16 years of age in sexual assault cases involving minors and relative to the exclusive authority of the state over the regulation of firearms, ammunition, and components thereof.

CHAPTER 283

HB 415 - FINAL VERSION

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06/05/03 2019s

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2003 SESSION

03-0490

04/09

HOUSE BILL 415

AN ACT raising the age of the speedy trial requirement from 13 years of age to 16 years of age in sexual assault cases involving minors and relative to the exclusive authority of the state over the regulation of firearms, ammunition, and components thereof.

SPONSORS: Rep. Hopper, Hills 48; Rep. Itse, Rock 80

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill raises the age requirement for speedy trial in sexual assault cases involving minors from 13 years of age to 16 years of age and establishes the exclusive authority of the state over the regulation of firearms, ammunition, and components thereof.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0570h

06/05/03 2019s

24jun03... 2086CofC

03-0490

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT raising the age of the speedy trial requirement from 13 years of age to 16 years of age in sexual assault cases involving minors and relative to the exclusive authority of the state over the regulation of firearms, ammunition, and components thereof.

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

283:1 Sexual Assault; Speedy Trial. Amend RSA 632-A:9 to read as follows:

632-A:9 Speedy Trial. In any action under this chapter involving a victim [13] 16 years of age or under or a victim 65 years of age or older, the court and the department of justice shall take appropriate action to ensure a speedy trial to minimize the length of time the victim must endure the stress of involvement in the proceeding. In ruling on any motion or request for a delay or continuance of proceedings, the court shall consider any adverse impact the delay or continuance may have on the well-being of the victim or any witness who is [13] 16 years of age or under or 65 years of age or older. This provision establishes a right to a speedy trial for the victim and shall not be construed as creating any additional rights for the defendant.

283:2 New Subdivision; State Jurisdiction; State Authority Over Firearms and Ammunition. Amend RSA 159 by inserting after section 25 the following new subdivision:

State Jurisdiction

159:26 Firearms and Ammunition; Authority of the State.

I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.

II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, or firearms supplies shall be null and void.

283:3 Effective Date.

I. Section 1 of this act shall take effect January 1, 2004.

II. The remainder of this act shall take effect upon its passage.

(Approved: July 18, 2003)

(Effective Date: I. Section 1 shall take effect January 1, 2004

II. Remainder shall take effect July 18, 2003)