SB392: relative to criminal responsibility for certain offenses committed by persons 13 years of age or older.

CHAPTER 158

SB 392 – FINAL VERSION

03/11/04 0634s

15Apr2004… 1062h

2004 SESSION

04-3107

04/10

SENATE BILL 392

AN ACT relative to criminal responsibility for certain offenses committed by persons 13 years of age or older.

SPONSORS: Sen. Foster, Dist 13; Sen. Estabrook, Dist 21; Rep. Knowles, Straf 69

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill sets forth circumstances under which a person charged after his or her 17th birthday for an offense committed between the ages of 13 and 15 may be held criminally liable.

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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Matter whi7ch is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/04 0634s

15Apr2004… 1062h

04-3107

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to criminal responsibility for certain offenses committed by persons 13 years of age or older.

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

158:1 Criminal Responsibility; Immaturity. Amend the introductory paragraph of RSA 628:1, II to read as follows:

II. Except as provided in paragraph III, a person 13 years of age or older may be held criminally responsible for the following offenses if the person's case is transferred to the superior court under the provisions of RSA 169-B:24:

158:2 Criminal Responsibility; Immaturity. RSA 628:1, III is repealed and reenacted to read as follows:

III. If a person is charged after his or her 17th birthday for an offense set forth in paragraph II which is alleged to have been committed when such person was 13 years of age but less than 15 years of age, and the statute of limitations has not expired, and no juvenile petition based on the acts constituting the offense has been filed, the provisions of RSA 169-B:24 shall not apply. In such cases, the superior court shall hold a hearing prior to trial to determine, based on a preponderance of the evidence, whether the defendant may be held criminally responsible. In making such determination, the court shall consider, but shall not be limited to, the following criteria:

(a) The seriousness of the alleged offense to the community;

(b) The aggressive, violent, premeditated, or willful nature of the alleged offense;

(c) Whether the alleged offense was committed against persons or property;

(d) The prosecutorial merit of the charge;

(e) The sophistication and maturity of the defendant at the time of the alleged offense; and

(f) The defendant's prior record and prior contacts with law enforcement as of the date of the hearing.

158:3 Repeal. RSA 169-B:24, V, relative to criminal offenses committed by an individual before the age of 17 which are not charged until after the individual has reached the age of 17, is repealed.

158:4 Effective Date. This act shall take effect upon its passage.

(Approved: May 24, 2004)

(Effective Date: May 24, 2004)